Legal Opinion

United States v. Norfolk & W. Ry. Co.

District Court, W.D. Virginia

Decided November 28, 1910PublishedCited by 3 opinions

Action by the United States against the Norfolk & Western Railway Company. On motion by defendant to set aside verdict.

1Opinion of the Court

McDOWELL, District Judge.

In September, 1910, a retrial of this action of debt under tlie safety appliance act (Act March 2, 1893, *100c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 3174]) was. held. Counts 3 to 9, both inclusive, of the declaration were based on the absence of handholds in the ends of certain vestibuled passenger coaches used in 1908 in interstate commerce. At the conclusion of the evidence for the government the defendant moved the court to direct a verdict for the defendant as to these counts, on the theory 'that section 4 of the act does not apply to passenger coaches. This…

2Cases cited1 opinion

  1. United States v. Baltimore & O. R. Co.District Court, W.D. Virginia · 1910

3Cited by3 opinions

  1. Moore v. St. Joseph & Grand Island Railway Co.Supreme Court of Missouri · 1916
  2. Southern Railway Co. v. Railroad CommissionIndiana Supreme Court · 1913
  3. Boehmer v. Pennsylvania R.Court of Appeals for the Second Circuit · 1918

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