Chesapeake & O. Ry. Co. v. Hawkins
Court of Appeals for the Fourth Circuit
• In-Error to the Circuit Court of the United States for the Southern District of West Virginia, at Huntington. Action by E. B. Hawkins, Sheriff, as administrator of Harlow Win-terstein, deceased, against the Chesapeake & Ohio Railway Company. Judgment' for plaintiff, and defendant brings error.
1Opinion of the Court
.MORRIS, District Judge.
This writ of error brings for our examination the rulings in a judgment rendered in the Circuit Court of the United States for the Southern District of West Virginia awarding $3,000 damages against a railroad company for the death by negEgence of a. boy playing on a railroad track. The action was originally 'brought in the state court, the circuit court for Fayette county, W. Va., and was removed to the federal court at the instance of the defendant on the ground of diverse citizenship.
At the point where the accident happened, there was a spur track running from the…
2Cases cited11 opinions
- Thomas v. Electrical Co.West Virginia Supreme Court · 1903
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Kelley v. Railroad Co.West Virginia Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gough v. ShanerSupreme Court of Virginia · 1955
- Angiline v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1925
- Helland v. ArlandWashington Supreme Court · 1942
- Harris v. RoyerSupreme Court of Virginia · 1935
- Dimitri v. Peter Cienci & SonSupreme Court of Rhode Island · 1918