Woodruff v. Yazoo & M. V. R.
Court of Appeals for the Fifth Circuit
Pardee, Circuit Judge, dissenting. In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by Mrs. Elise H. Woodruff, administratrix, against the Yazoo & Mississippi Valley Railroad Company. Judgment for defendant, and plaintiff brings error. This case is here upon a second writ of error.
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Pardee, Circuit Judge, dissenting. In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by Mrs. Elise H. Woodruff, administratrix, against the Yazoo & Mississippi Valley Railroad Company. Judgment for defendant, and plaintiff brings error. This case is here upon a second writ of error. Upon the first trial in the District Court, the jury, upon peremptory instructions of the court, returned a verdict in favor of the defendant in error. Judgment was duly rendered on the verdict, and, the case having been brought to this…
1DissentPardee, Circuit Judge
In this case, when heretofore before this court, two important questions affecting the proper decision of the same were involved, both arising under the Employers’ Liability Act (Act ..April 22, 1908, c. 149, 35 Stat.' 65 [Comp. St. 1913, §§ 8657-8665]), to wit: (1) As to- the assumption of risk by the employé; and (2) the degree of care required of the employer in furnishing tools and appliances for the employé to use. In the opin*31ion handed down (210 Fed. 849, 127 C. C. A. 411) the assumption of risk was discussed, but not decided; but it was held that the employer’s duty in the premises…
2Cases cited24 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Marsh v. . ChickeringNew York Court of Appeals · 1886
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