Lehigh Valley Coal Co. v. Yensavage
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. This was an action in the District Court for the Eastern District of New York, commenced on November 4, 1912, for damages arising from an accident while in the defendant’s employ. The original complaint stated that the plaintiff, was a resident and citizen of the county of Kings, and that the defendant was a resident and citizen of the state of. Pennsylvania.
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In Error to the District Court of the United States for the Eastern District of New York. This was an action in the District Court for the Eastern District of New York, commenced on November 4, 1912, for damages arising from an accident while in the defendant’s employ. The original complaint stated that the plaintiff, was a resident and citizen of the county of Kings, and that the defendant was a resident and citizen of the state of. Pennsylvania. Plaintiff served an amended complaint on the 6th of February, 1913, repeating the allegation that he was a resident and citizen of the county of…
1DissentRogers, Circuit Judge
I am unable to concur in the opinion of my Associates. The plaintiff below has recovered a verdict for $37,500, which with his consent was reduced so that judgment was entered for $25,036. No one can read the testimony in the record in this case without feeling the utmost sympathy for the plaintiff, whose injuries, resulting from the explosion for which he sues, have left him a pitiable wreck. If we could decide cases upon sympathy, it would be easy to reach a conclusion, and to affirm the judgment. But in the administration of justice courts proceed according to the law, and have no right to…
2Cases cited21 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Chappedelaine v. DechenauxSupreme Court of the United States · 1808
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