Wabash Railway Co. v. McDaniels
Supreme Court of the United States
Ebbob to' the Circuit Court of the United States for the District of Indiana. This was an action by McDaniels against the Wabash Railway Company to recover damages for injuries he sustained by reason of a collision of two of its freight trains, which took place on the night of Aug. 17, 1877, near Wabash, Indiana. There was a verdict in his favor. The court refused to set it aside, and, judgment having been rendered thereon, the company brought this writ of error.
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Ebbob to' the Circuit Court of the United States for the District of Indiana. This was an action by McDaniels against the Wabash Railway Company to recover damages for injuries he sustained by reason of a collision of two of its freight trains, which took place on the night of Aug. 17, 1877, near Wabash, Indiana. There was a verdict in his favor. The court refused to set it aside, and, judgment having been rendered thereon, the company brought this writ of error. The company was a common carrier, -and the plaintiff a brakeman in its service at and before that date. When injured, he was at his…
1Opinion of the CourtJustice Harlan
That we are without authority to disturb the judgment upon the ground that the damages are excessive cannot be doubted. Whether the order overruling the motion for a new trial based upon that ground was erroneous or not, our power is restricted to the determination of questions of law arising upon the record. Railroad Company v. Fraloff, 100 U. S. 24.
We also remark, before entering upon the consideration of the matters properly presented for determination, that it is unnecessary to express any opinion upon the question whether the plaintiff and McHenry were fellow-servants, within the meaning…
2Cases cited2 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
3Cited by159 opinions
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- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
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