Sealey v. Southern Ry. Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of South Carolina, at Greenville. This is an action at law instituted in the court of common pleas for York county, S. O., and subsequently removed to the federal court of that state, to recover of' the defendants, the Southern Railway Company and D. G. McAllister, one of its locomotive engineers, damages arising from an injury sustained by the plaintiff, he having been struck by one of the company’s trains…
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In Error to the Circuit Court of the United States for the District of South Carolina, at Greenville. This is an action at law instituted in the court of common pleas for York county, S. O., and subsequently removed to the federal court of that state, to recover of' the defendants, the Southern Railway Company and D. G. McAllister, one of its locomotive engineers, damages arising from an injury sustained by the plaintiff, he having been struck by one of the company’s trains in charge of the defendant McAllister, at its depot in the town of Rock 1-Iill, S. C., on the 29th day of June, 1903.…
1Opinion of the CourtWaddill, District Judge
(after stating the facts). The first question presented for our determination is whether there was error in the action of the lower court in taking the cáse from the jury, which has necessitated a careful review of all of the evidence; and after full consideration of the same, and of the questions of law applicable thereto, the conclusion reached is that the court erred in not submitting the case to the jury, to the end that they might pass upon and determine the question of fact whether the plaintiff sustained the injury sued for by reason of his negligently and carelessly entering upon the…
2Cases cited4 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Philadelphia & R. R. v. KluttCourt of Appeals for the Third Circuit · 1906
- Klutt v. Philadelphia & R. Ry. Co.Court of Appeals for the Third Circuit · 1906
- Southern Ry. Co. v. CarrollCourt of Appeals for the Fourth Circuit · 1905
3Cited by8 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Dernberger v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1917
- Coleman v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
- Canterbury v. Director General of RailroadsWest Virginia Supreme Court · 1920
- American Car & Foundry Co. v. DukeCourt of Appeals for the Third Circuit · 1914
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