Taber v. Davis
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action at law by Florence E. Taber, as administratrix of the goods, chattels, and credits of Harry T. Taber, deceased, against James. C. Davis, Director General of Railroads and Agent under Transportation Act, §• 206 (41 Slat. 461). Judgment for defendant, after the court at the close of plaintiff’s case had granted a motion for nonsuit, and plaintiff brings error.
1Opinion of the Court
MAYER, Circuit Judge.
At about 2 p. m. on June 28, 1918, Taber, plaintiff’s intestate, a trainman then and for some time in the employ of Delaware, Lackawanna & Western Railroad Company, suffered the injuries which resulted in his death. He was working on a train known as the local freight and pick-up, which in the course of its trip reached Bath, N. Y. A pick-up train is a local which picks up and sets out cars at various stations. At Bath the railroad runs east and west, and the freight station is south of the main tracks.
The theory of plaintiff’s case is that Taber was struck by a canopy…
2Cases cited11 opinions
- 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
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Southern Pacific Co. v. BerkshireSupreme Court of the United States · 1921
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Port of New York Stevedoring Corp. v. CastagnaCourt of Appeals for the Second Circuit · 1922
- Looney v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
- Gray v. DavisCourt of Appeals for the First Circuit · 1923
- Davis v. CraneCourt of Appeals for the Eighth Circuit · 1926
3 more not listed; retrieve them via the Exa API.