Frazier v. Interstate R.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Big Stone Gap; Henry C. McDowell, Judge. Action by Lou Frazier, as administrator of James L. Frazier, deceased, against the Interstate Railroad Company. Judgment for defendant on a directed verdict, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
Under a former writ of error a judgment sustaining a demurrer to the declaration was reversed; this court holding that the facts alleged concerning the death of plaintiff’s intestate, James L. Frazier, if proved, would warrant a verdict that his death was due to the negligence of the defendant. Frazier v. Interstate R. Co. (C. C. A.) 264 Fed. 96. The evidence on the trial failed to sustain the allegations of the complaint, and we think the court was right in instructing the jury to find for the defendants.
The case before the jury was this: James L- Frazier was regularly…
2Cases cited3 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Wightman & Hough Co. v. NivoisCourt of Appeals for the Second Circuit · 1920
- Frazier v. Interstate R.Court of Appeals for the Fourth Circuit · 1920