Legal Opinion

Erie R. v. Kennedy

Court of Appeals for the Sixth Circuit

Decided November 7, 1911No. 2,124PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Northern District of Ohio. Action at law by Frank U. Kennedy against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

DENISON, Circuit Judge.

Kennedy was a yard brakeman for the Erie .Railroad Company, at Cleveland. Tie was injured while handling his brake in the process of unloading a car of coal through an unloading machine, and brought this action, alleging that the unloading machine .and the brake were negligently permitted to be in unsafe condition and that his injury resulted from such negligence. He recovered a judgment, and the railroad company brings error.

We name the parties as they were below. The appellant presents two questions only: (1) Should the suit have failed, because brought in the wrong…

2Cases cited7 opinions

  1. In Re MooreSupreme Court of the United States · 1908
  2. Pennsylvania Co. v. WhitneyCourt of Appeals for the Sixth Circuit · 1909
  3. Erie R. v. WhiteCourt of Appeals for the Sixth Circuit · 1911
  4. Erie R. v. SchomerCourt of Appeals for the Sixth Circuit · 1909
  5. Louisville & N. R. v. FisherCourt of Appeals for the Sixth Circuit · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
  2. Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912
  3. United States v. HirschCourt of Appeals for the Second Circuit · 1934
  4. Twin Lakes Land & Water Co. v. DohnerCourt of Appeals for the Sixth Circuit · 1917
  5. Garrett v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1912

5 more not listed; retrieve them via the Exa API.

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