Republic Iron & Steel Co. v. Thomasino
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by Leon Thomasino, administrator, against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by Leon Thomasino, administrator, against the Republic Iron & Steel Company. Judgment for plaintiff, and defendant brings error. This action was brought by Leon Thomasino, hereinafter styled “plaintiff,” as administrator of the estate of Tony Thomasino, against the Republic Iron & Steel Company, hereinafter styled “defendant,” claiming $20,000 damages for the killing of plaintiff's intestate. The complaint charges that the defendant was operating a coal mine at or near Sayreton, Jefferson county,…
1DissentShelby, Circuit Judge
(dissenting). 'The question of the deceased’s contributory negligence was one for the jury, and, in my opinion. it was correctly submitted to the jury by the trial judge.
The court gave the last charge copied in the statement of the case in the opinion of the majority, but added the following explanation:
“Now I give you that in connection with the general charge, provided always if he (the deceased) stayed there in pursuance of a request, under the advice that it was safe, and didn’t know, and that a person of ordinary prudence would not know, it was dangerous, then, in that event, if lie knew…
2Cases cited4 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Cincinnati, N. O. & T. P. Ry. Co. v. RobertsonCourt of Appeals for the Sixth Circuit · 1905