Legal Opinion

John A. Snead, Administrator of the Estate of Kermit Norma Elswick v. The New York Central Railroad Company, a Corporation

Court of Appeals for the Fourth Circuit

Decided October 13, 1954No. 6791PublishedCited by 25 opinions

1Opinion of the Court

PARKER, Chief Judge.

This is an appeal by plaintiff from a judgment for defendant non obstante veredicto in an action to recover damages on account of wrongful death. Decedent was killed when an automobile in which she was riding skidded from a mountain road in West Virginia and after falling down a steep hillside landed on the railroad track of defendant where it was struck by one of defendant’s freight trains. Plaintiff contended that defendant was guilty of negligence in not stopping the train before it struck the automobile and that this negligence was the cause of decedent’s death. The…

2Cases cited8 opinions

  1. Gunning v. CooleySupreme Court of the United States · 1930
  2. ætna Casualty & Surety Co. v. YeattsCourt of Appeals for the Fourth Circuit · 1941
  3. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  4. Garrison v. United StatesCourt of Appeals for the Fourth Circuit · 1932
  5. Burcham v. J. P. Stevens & Co., Inc.Court of Appeals for the Fourth Circuit · 1954

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
  2. Shelby v. Williams and Horney Livestock, Incorporated v. Joseph E. NicholsCourt of Appeals for the Fourth Circuit · 1959
  3. Moist Cold Refrigerator Co. v. Lou Johnson Co.Court of Appeals for the Ninth Circuit · 1957
  4. John B. McCracken v. Richmond, Fredericksburg and Potomac Railroad CompanyCourt of Appeals for the Fourth Circuit · 1957
  5. Eastern Air Lines, Inc. v. Union Trust Co.Court of Appeals for the D.C. Circuit · 1957

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API