Dunn v. New York, N. H. & H. R. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. This cause comes here upon a writ of error to review a judgment dismissing the complaint upon the merits at the close of plaintiff’s case. The action was brought to recover damages for injuries received while in the employ of defendant as a brakeman upon one of its trains at or near Union City, Conn.
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In Error to the Circuit Court of the United States for the Eastern District of New York. This cause comes here upon a writ of error to review a judgment dismissing the complaint upon the merits at the close of plaintiff’s case. The action was brought to recover damages for injuries received while in the employ of defendant as a brakeman upon one of its trains at or near Union City, Conn. The plaintiff, at the time he was injured, was engaged in uncoupling freight ears from the forward end of an engine, which operation necessitated his pulling a pin with one hand, and with the other grasping…
1Opinion of the Court
LACOMBE, Circuit Judge.
The record contains no indication as to the grounds on which the plaintiff was nonsuited. The burden, ' of course, rested on the plaintiff to show a default on the part of defendant in respect of some of the duties imposed upon it. Plaintiff’s contention is that there was a failure properly to inspect the figure plate. Plaintiff’s evidence on that point was extremely slight, but was sufficient to require the defendant to show what sort of inspection, if any, it gave to tlie part in question. The evidence tended to show that it had been loose for 24 hours. Concededly, it…
2Cited by8 opinions
- Chicago, B. & Q. R. Co. v. MurrayWyoming Supreme Court · 1929
- McCaffrey v. Tamm Bros. Glue Co.Missouri Court of Appeals · 1909
- Perry v. Ohio Valley Electhic Ry. Co.West Virginia Supreme Court · 1913
- Lyle v. Alabama Great Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1906
- Sturgeon v. Tacoma Eastern RailroadWashington Supreme Court · 1908
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