Reese v. Philadelphia & R. Ry. Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. W. Thompson, Judge. Action by Catherine C. Reese, administratrix, against the Philadelphia & Reading Railway Company. There was a judgment of nonsuit, and plaintiff brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
The plaintiff’s husband was a fireman in the defendant’s service, and was killed on the night of November 18, 1912, while his engine was engaged in shifting cars on Front street in .the city of Philadelphia. The suit is brought under the Federal Employers’ Liability Act, and no question is raised about the applicability of that statute. The trial judge entered a nonsuit and refused afterwards to take it off,' this refusal being the final judgment under the Pennsylvania practice to which a writ of error lies. The only question before us is whether the undisputed…
2Cases cited1 opinion
- Baltimore & O. R. v. NewellCourt of Appeals for the Third Circuit · 1912
3Cited by2 opinions
- Philadelphia & R. Ry. Co. v. ThirouinCourt of Appeals for the Third Circuit · 1925
- Philadelphia & R. Ry. Co. v. AllenCourt of Appeals for the Third Circuit · 1925