Elliott v. Canadian Pacific Ry. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the District of. Vermont. This cause comes here upon a writ of error to review a judgment of the Circuit Court in favor of defendant in error, who was defendant below. The-action was brought to recover for the death of plaintiff’s intestate, a car repairer in the service of defendant, who was run over and killed by a car which he was inspecting at Richford Station, Yt.
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In Error to the Circuit Court of the United States for the District of. Vermont. This cause comes here upon a writ of error to review a judgment of the Circuit Court in favor of defendant in error, who was defendant below. The-action was brought to recover for the death of plaintiff’s intestate, a car repairer in the service of defendant, who was run over and killed by a car which he was inspecting at Richford Station, Yt. It is charged that the accident was caused by defendant’s negligence. At the close of defendant’s evidence the defendant moved the court to direct a verdict in its favor…
1Opinion of the Court
LACOMBE, Circuit Judge.
This cause was before this court (Canadian Pacific R. W. v. Elliott, 137 Fed. 904, 70 C. C. A. 242) on a writ of error to review a former judgment in favor of the plaintiff, and the facts relevant to the questions now before us may be best set forth-, in excerpts from our former opinion:
“Besides the main line there are at Richford several sidings numbered, respectively, 1, 2, etc. A few minutes prior to the accident a through freight *251train from Moni real had pulled into the yard. It was necessary to cut some; cars out of it. Two cars which had been in the middle of ilie…
2Cases cited4 opinions
- Gunnison County Commissioners v. RollinsSupreme Court of the United States · 1899
- Taylor-Craig Corp. v. HageCourt of Appeals for the Eighth Circuit · 1895
- United States Mut. Acc. Ass'n v. RobinsonCourt of Appeals for the Eighth Circuit · 1896
- Canadian Pac. Ry. Co. v. ElliottCourt of Appeals for the Second Circuit · 1905
3Cited by5 opinions
- Paster v. Pennsylvania R. R.Court of Appeals for the Second Circuit · 1930
- Goldfarb v. KeenerCourt of Appeals for the Second Circuit · 1920
- Prosser v. ChapmanCourt of Appeals for the Fourth Circuit · 1924
- Oregon-American Lumber Co. v. SimpsonCourt of Appeals for the Ninth Circuit · 1925
- Alpha Portland Cement Co. v. CorsiCourt of Appeals for the Second Circuit · 1916