Choctaw, O. & G. R. v. McDade
Court of Appeals for the Sixth Circuit
In Error to the Circuit Coiirt of the United States' for the Western District of Tennessee. This is an action by the widow and children of John X. McDade to recover damages for his negligent death while in the service of the plaintiff in error. There was a judgment for the plaintiffs, and the defendant lias sued out this,writ of error.
Read the full summary
In Error to the Circuit Coiirt of the United States' for the Western District of Tennessee. This is an action by the widow and children of John X. McDade to recover damages for his negligent death while in the service of the plaintiff in error. There was a judgment for the plaintiffs, and the defendant lias sued out this,writ of error. The deceased was killed at or near Goodwin station, Ark.; between 32 and 1 o’clock on the night of August 38, 3.900-. He .was at the time in the discharge of his duty as head brakeman on top of -a ’furniture car some 8 or 10 cars baejs of the engine, in a train…
1Opinion of the CourtLurton, Circuit Judge
1. The whole case of the plaintiff below was founded upon the theory that the deceased had been killed by coming into collision with an overhanging water spout at the Goodwin tank. The case was put to the jury by the trial judge alone upon this theory, for the jury were told that “if he was not struck by the water spout, or the chain depending from it, in such a way as to cause his fall from the car, your verdict should be for the defendant company.” While it cannot be said the evidence demonstrates that the deceased was caused to fall from his post by reason of a collision with the water…
2Cases cited14 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Missouri Pacific Railway Co. v. SomersTexas Supreme Court · 1890
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coalgate Co. v. HurstSupreme Court of Oklahoma · 1910
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- Wabash Screen Door Co. v. BlackCourt of Appeals for the Sixth Circuit · 1903
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- National Steel Co. v. HoreCourt of Appeals for the Sixth Circuit · 1907
7 more not listed; retrieve them via the Exa API.