Southern Ry. Co. v. Smith
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action at law by Malinda Smith, administratrix of the estate of J. P. Smith, deceased, against the Southern Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
This was an action for damages, brought under the federal Employer’s Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1911, p. 1322]) on account of the killing of a switch tender, J. P. Smith, by a switch engine in the railway yards. It presents as controlling the question whether there was any evidence fairly tending to show a lack of due care on the part of the engineer in not observing Smith upon the track in time to avoid the accident; or whether, on the other hand, the evidence permits only the conclusion that Smith stepped upon the…
2Cases cited5 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- McMarshall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Northern Pac. R. v. GraftCourt of Appeals for the Ninth Circuit · 1895
3Cited by20 opinions
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Martin v. Wabash Railway Co.Supreme Court of Missouri · 1930
- Delaware, L. & W. R. v. HughesCourt of Appeals for the Second Circuit · 1917
- Kalashian v. HinesWisconsin Supreme Court · 1920
- Hasenjaeger v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1932
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