Allen v. New York, N. H. & H. R. Co.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. Action by John S. Allen against the New York, New Haven & Hartford ■ Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
ALDRICH, District Judge.
In the court below a verdict was directed for the defendant upon the ground that the evidence was not such as to entitle the plaintiff to go to the jury upon the question of his due care.
We have had some difficulty in reaching a result in this case, but our conclusion is that the- question involved is controlled by the Massachusetts decisions upon situations, so nearly like the one here as to require them to be accepted as authoritative. The plaintiff invokes a statutory remedy under which the elements of his case are, in a sense, in derogation of the common law. The…
2Cases cited10 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
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3Cited by1 opinion
- Horan v. Boston & M. R. R.Court of Appeals for the First Circuit · 1910