Cincinnati, N. O. & T. P. Ry. Co. v. Hall
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Southern Division of the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by W. E. Hall, administrator of the estate of Rufus Hood, deceased, against the Cincinnati, New Orleans & Texas Pacific Railway Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by W. E. Hall, administrator of the estate of Rufus Hood, deceased, against the Cincinnati, New Orleans & Texas Pacific Railway Company. There was a judgment for plaintiff, and defendant brings error. Preparatory to the substitution of a new bridge for an old one over Socldy creek, in Tennessee, on the main line of plaintiff in error, herein called defendant, the defendant caused a cut to be made in the fill approaching the 'bridge and…
1Opinion of the CourtHollister, District Judge
(after stating the facts as above). [1, 2] What the learned trial judge said to the jury on the subjects of contributory negligence, assumption of risk, consequences of acts of fellow servants, the alleged failure of defendant to make adequate inspection, and to give proper warning to Hood of the danger of the work, does not appear; but in the absence of exception the judge is presumed to have charged the jury correctly on those subjects.1 In any event, contributory negligence and acts of fellow servants would *80not, under the act under which this suit was brought, be good defenses; the former,…
2Cases cited43 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
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3Cited by13 opinions
- D. M. Rose & Co. v. SnyderTennessee Supreme Court · 1947
- Carl C. Womble v. J. C. Penney Company, Inc.Court of Appeals for the Sixth Circuit · 1970
- Baglini v. Pullman, Inc.District Court, E.D. Pennsylvania · 1976
- Porter v. Terminal Railroad Ass'n of St. LouisAppellate Court of Illinois · 1946
- Grand Trunk Western R. Co. v. BoylenCourt of Appeals for the Seventh Circuit · 1936
8 more not listed; retrieve them via the Exa API.