Delaware, L. & W. R. v. Troxell
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; James B. Holland, Judge. Actioti at law by Lizzie M. Troxell, administratrix of the estate of Joseph Daniel Troxell, deceased, against the Delaware, Lackawanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
The plaintiff’s husband was a fireman in the company’s service, and the injury complained of is his death in July, 1909, while at- work on a train that was engaged in *45commerce among the states. This is the second suit; the first having also been brought in the (present) District Court lor the Eastern District of Pennsylvania. The cause of action set up, both then and now, is:
“Tire negligence, carelessness, and oversight of said defendant, and its failure lo supply and keep in good efficient condition proper, necessary, and safe devices, instruments, and…
2Cases cited17 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- The LottawannaSupreme Court of the United States · 1875
- Smith v. AlabamaSupreme Court of the United States · 1888
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dennison v. PayneCourt of Appeals for the Second Circuit · 1923
- Southern Railway Co. v. HowertonIndiana Supreme Court · 1914
- Kirk v. Metropolitan Life InsuranceMissouri Court of Appeals · 1931