Legal Opinion
Christian v. Boston & M. R. R.
Court of Appeals for the Second Circuit
Decided January 23, 1940No. 152PublishedCited by 11 opinions
1Opinion of the Court
PATTERSON, Circuit Judge.
The plaintiff brought action under the Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for the death of her husband, a locomotive engineer in the defendant’s employ. The case went to a jury, and there was a verdict for the plaintiff. On appeal the defendant argues that the proof of negligence was not sufficient to warrant submission of the case to the jury.
Christian’s death occurred as a result of ¿ie derailing of his locomotive near East Deerfield, Massachusetts, in the early morning of September 20, 1938. The defendant operates as part of its system a stretch of…
2Cases cited3 opinions
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- Erie R. v. GallagherCourt of Appeals for the Second Circuit · 1918
- New York, N. H. & H. R. v. MurphyCourt of Appeals for the Second Circuit · 1913
3Cited by11 opinions
- E. L. Cheeney Company and Edmon Lewis Fregia v. Walter L. Gates, Jr.Court of Appeals for the Fifth Circuit · 1965
- Parker v. GordonCourt of Appeals for the First Circuit · 1949
- Schilling v. Delaware & HR CorporationCourt of Appeals for the Second Circuit · 1940
- Heinen v. HeinenNevada Supreme Court · 1947
- City of New York v. Morania No. 12, Inc.District Court, S.D. New York · 1973
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