Legal Opinion

Atlantic Coast Line R. v. Tiller

Court of Appeals for the Fourth Circuit

Decided May 15, 1944No. 5217PublishedCited by 16 opinions

1Opinion of the Court

SOPER, Circuit Judge.

This case, now before us for the second time, relates to the accidental death of John Lewis Tiller, a sergeant of railroad police, while engaged in the performance of his duties in the Clopton freight yard of the Atlantic Coast Line Railroad Company near Richmond. In our former opinion (128 F.2d 420) we affirmed the action of the District Court at the first trial in directing a verdict for the defendant carrier on the ground that the evidence disclosed no negligence on its part. We recognized that the common law defense of assumption of the risk was eliminated in cases…

2Cases cited11 opinions

  1. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  2. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  3. State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
  4. Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
  5. St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  2. Volasco Products Co. v. Lloyd A. Fry Roofing Co.Court of Appeals for the Sixth Circuit · 1962
  3. Roth v. SwansonCourt of Appeals for the Eighth Circuit · 1944
  4. Ruth C. Krizak and John M. Krizak v. W. C. Brooks & Sons, IncorporatedCourt of Appeals for the Fourth Circuit · 1963
  5. Samuel Mosley v. Cia. Mar. Adra, S.A., and Third-Party Plaintiff-Appellee,v. Lipsett Steel Products, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1963

11 more not listed; retrieve them via the Exa API.

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