Lane Bros. v. Couch
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northeastern Division of the Eastern District of Tennessee. ■ Action by Walter H. Couch against the Dane Bros. Company. Judgment for plaintiff, and defendant brings error. Lane Bros. Company, a contracting corporation, was engaged in building a railroad, and the deceased, Couch, was in its employ as a locomotive fireman on a construction train.
Read the full summary
In Error to the Circuit Court of the United States for the Northeastern Division of the Eastern District of Tennessee. ■ Action by Walter H. Couch against the Dane Bros. Company. Judgment for plaintiff, and defendant brings error. Lane Bros. Company, a contracting corporation, was engaged in building a railroad, and the deceased, Couch, was in its employ as a locomotive fireman on a construction train. A bridge structure being ready for the ties, this locomotive undertook to haul them from the loading siding to the bridge site. These ties are heavy timbers 11 feet long. 11 inches wide, and 8…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The event demonstrated that the stakes were not sufficient. This does not, of itself, support an implication of negligence; but the conclusion of th¿ jury from all the facts that there was negligence must stand,unless for lack of sufficient legal foundation. We think there was abundant testimony tending to show a lack of due care, and tending to show that the stakes were not reasonably sufficient, in number or quality, or both. The testimony established or tended to establish that the track was very rough, so that the car would get violent lurches; that…
2Cases cited8 opinions
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Noble v. C. Crane & Co.Court of Appeals for the Sixth Circuit · 1909
- Bryson v. GalloCourt of Appeals for the Sixth Circuit · 1910
- Baltimore & O. R. v. BrownCourt of Appeals for the Third Circuit · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pitman v. Yazoo & M. v. R.Mississippi Supreme Court · 1935
- Union Pac. R. v. De VaneyCourt of Appeals for the Ninth Circuit · 1947