Baltimore & O. R. v. Evans
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. Action at law by Bertha M. Evans, administratrix, against the Baltimore & Ohio; Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
BUFFÍNGTON, Circuit Judge.
In the court below Mrs. Bertha M. Evans, administratrix of Daniel D. Evans, recovered a verdict against the Baltimore & Ohio Railroad Company for damages caused' by the latter’s negligence, whereby the decedent was killed. On entry of judgment thereon, the railroad sued out this writ.
The decedent, while working for the defendant, on December 22, 1906, was killed in the state of West Virginia. By virtue of a statute of that state (Code of 1906, c. 103, § 6), the right of action herein sued upon was created. That statute provided:
“Every such action shall be brought by…
2Cases cited5 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Wilkins v. EllettSupreme Court of the United States · 1870
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Boulden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Luce v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1885
3Cited by11 opinions
- Simmons v. California Institute of TechnologyCalifornia Supreme Court · 1949
- Anderson v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1914
- Edwards v. SullivanNew York Supreme Court · 1949
- Willis v. Pan American Refining Corp.District Court, D. Maryland · 1939
- Louisville & Nashville Railroad v. Jones' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1926
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