Legal Opinion

Baltimore & O. R. Co. v. Friel

Court of Appeals for the Third Circuit

Decided December 2, 1896PublishedCited by 4 opinions

In Error to the Circuit Court of the ITniled States for the Eastern District of Pennsylvania. This was an action by William Friel against the Baltimore & Ohio Railroad Company to recover damages for personal injuries. The case was tried together with two other cases arising out of the same accident, and which were brought against the Baltimore & Ohio Railroad Company, by William Friel and Busan Friel, his wife; and by Lilly Friel, by her father and next Mend, William Friel.

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In Error to the Circuit Court of the ITniled States for the Eastern District of Pennsylvania. This was an action by William Friel against the Baltimore & Ohio Railroad Company to recover damages for personal injuries. The case was tried together with two other cases arising out of the same accident, and which were brought against the Baltimore & Ohio Railroad Company, by William Friel and Busan Friel, his wife; and by Lilly Friel, by her father and next Mend, William Friel. In the court below there was a verdict for plaintiff, and judgment accordingly, to review which the defendant sued out…

1Opinion of the Court

DALLAS, Circuit Judge.

The defendant below (plaintiff in error) presented 17 requests for charge, and the 13 errors alleged all relate to the disposition which was made of them. The learned judge, upon the conclusion of his general charge, which was, admittedly, faultless, said:

“I have been asked by defendant's counsel to answer certain points or prayers for instructions. Such as I affirm I will read to you; such as I refuse I will not read, but simply mark ‘Refused’; and such as I neither specifically affirm nor refuse are sufficiently covered by my general charge.”

This manner of dealing with…

2Cases cited1 opinion

  1. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877

3Cited by4 opinions

  1. St. Louis, I. M. & S. Ry. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1897
  2. Baltimore & O. R. v. FrielCourt of Appeals for the Third Circuit · 1896
  3. McDonald v. Randolph & Cumberland RailwaySupreme Court of North Carolina · 1914
  4. Baltimore & O. R. v. FrielCourt of Appeals for the Third Circuit · 1896

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