Felton v. Girardy
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. Action by administratrix of Charles Beckert for the negligent death of the intestate while in the service of the plaintiff in error. Judgment for the plaintiff below, and defendant sued out writ of error. Charles Beckert was employed in the repair shops of the railroad company. A locomotive engine was reported as having a leaky plug.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. Action by administratrix of Charles Beckert for the negligent death of the intestate while in the service of the plaintiff in error. Judgment for the plaintiff below, and defendant sued out writ of error. Charles Beckert was employed in the repair shops of the railroad company. A locomotive engine was reported as having a leaky plug. By order of one James E. Feeney, who was general foreman of the roundhouse and repair shop, Beckert was directed to go into the fire box and remedy the leak. Though the fire…
1Opinion of the CourtLurton, Circuit Judge
The theory upon which the plaintiff’s suit was predicated, as set out in the third count of the declaration, was that the deceased was inexperienced in the repairing he was set to do; that he was only a boiler maker’s helper, and that the work he was ordered to do was the proper work of an experienced boiler maker, and required a degree of skill and knowledge which deceased did not have; and that his inexperience in such work, and the great danger encountered in performing it, were known to Feeney, the foreman who directed him to do the work, and that he was not cautioned or instructed as he…
2Cases cited12 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Railroad Company v. FortSupreme Court of the United States · 1874
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Texas & Pacific Railway Co. v. BrickTexas Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lyons v. City of New AlbanyIndiana Supreme Court · 1913
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- Coleman v. PerryMontana Supreme Court · 1903
- Louisville & Nashville R. R. v. WilsonSupreme Court of Alabama · 1909
- Fisher v. PrairieSupreme Court of Oklahoma · 1910
21 more not listed; retrieve them via the Exa API.