Donohue v. Boston & M. R. R.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, in favor of plaintiff in error, who was plaintiff below. The action was to recover damages alleged to have been sustained while plaintiff was riding on a train on defendant’s road; such train coming into what is called a “side-wipe” collision with a freight car.
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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Southern District of New York, in favor of plaintiff in error, who was plaintiff below. The action was to recover damages alleged to have been sustained while plaintiff was riding on a train on defendant’s road; such train coming into what is called a “side-wipe” collision with a freight car. The jury rendered-a verdict in favor of plaintiff for six cents damages.
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] Several other persons, who were riding in the same car as plaintiff, brought similar actions. Two of these causes, plaintiff’s and that of one Eong were tried together' be*826fore the same jury. Not infrequently two actions for negligence resulting in injury to a single individual, one by the injured party a married woman for her pain and suffering, and the other by her husband for loss of services and expenses of treatment, are thus tried together. We think, however, that where, as here, there is question whether two independent individuals were each actually injured,…
2Cited by2 opinions
- Wiener v. Union Trust Co.District Court, E.D. Michigan · 1919
- Harris v. JacksonDistrict Court, E.D. Oklahoma · 1939