Baltimore & O. R. v. Smith
Court of Appeals for the Fourth Circuit
Iii Error to the District Court of the United States for the Southern District of West Virginia, at Huntington; Benjamin F. Keller, Judge. Action at law by Frances E. Smith, an infant, by her next friend, Isaac V. Smith, against the Baltimore & Ohio Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOODS, Circuit Judge.
[1] The plaintiff, Frances E. Smith, a child about five years old, having strayed on defendant’s track, was tun over by its passenger train and received injuries for which she claims compensation in this action. On the first trial the District Court directed a verdict for the defendant. On appeal this court ordered a new trial, holding that there was evidence from which the inference might be drawn that the engineer saw the little girl on the track in time to stop the train before striking her; that, instead of using instantly all available means to stop the train, he…
2Cases cited3 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Blitz v. United StatesSupreme Court of the United States · 1894
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
3Cited by2 opinions
- Panama R. Co. v. StrobelCourt of Appeals for the Fifth Circuit · 1922
- Coal & Iron Ry. Co. v. ReherdCourt of Appeals for the Fourth Circuit · 1915