Legal Opinion
Kelly v. Duke Power Co.
Court of Appeals for the Fourth Circuit
Decided June 6, 1938No. 4307PublishedCited by 2 opinions
1Opinion of the Court
HAYES, District Judge.
This is a case started in the state court of North Carolina to recover damages of Duke Power Company for the wrongful death of J. A. Kelly, an employee of Atlantic Ice and Coal Company at Charlotte, N. C. The case was removed to the United States District Court on the ground of diversity of citizenship.
At the close of plaintiff’s evidence motion to dismiss as of nonsuit was made by the defendant and overruled to which exception was taken, and at the close of all of the evidence the motion was again made and sustained, and from a judgment dismissing the action plaintiff…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Benton v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1914
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- West Texas Utilities Co. v. HarrisCourt of Appeals of Texas · 1950
- Union Pacific Railroad Company, a Corporation v. Laverl Johnson and Joleen Johnson, Husband and Wife, and Pacific Fruit Expresscompany, a CorporationCourt of Appeals for the Ninth Circuit · 1956