Canadian Pac. Ry. Co. v. Elliott
Court of Appeals for the Second Circuit
In Error to tlie Circuit Court of the United States for the District of Vermont. This cause comes here upon writ of error to review a judgment of the Circuit Court, District of Vermont, entered upon the verdict of a jury in favor of defendant in error, who was plaintiff below. The action was brought to recover for the death of a car repairer in the service of the defendant company, who was run over and killed by a car which he was inspecting at Richford Station, Vt.
1Opinion of the Court
LACOMBE, Circuit Judge.
Besides the main line, there are at Richford several sidings, numbered, respectively, 1, 2, etc. A fews minutes prior to the accident a through freight train from Montreal had pulled into the yard. It was necessary to cut some cars out of it. Two cars, which had been in the middle of the freight train, were first sent down siding No. 1 in charge of one Sears as rear brakeman. After they were brought to a standstill, he returned to the train, and five cars located just in front of the caboose were cut out and kicked back on the same siding. Sears rode those also, and…
2Cases cited7 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Whittaker v. . D. H.C. Co.New York Court of Appeals · 1891
- Kansas & A. V. Ry. Co. v. DyeCourt of Appeals for the Eighth Circuit · 1895
- Gleason v. Detroit, G. H. & M. Ry. Co.Court of Appeals for the Sixth Circuit · 1896
- Northern Pac. R. v. NickelsCourt of Appeals for the Eighth Circuit · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Paster v. Pennsylvania R. R.Court of Appeals for the Second Circuit · 1930
- Elliott v. Canadian Pacific Ry. Co.Court of Appeals for the Second Circuit · 1908
- Schirmer v. GossCourt of Appeals for the Second Circuit · 1912
- Alpha Portland Cement Co. v. CorsiCourt of Appeals for the Second Circuit · 1916