Norfolk & W. Ry. Co. v. Reed
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 Charleston. For opinion below, see 162 Fed. 750. This was an action for damages brought by the defendant in error against 1he plaintiff in error for injuries received while acting in the discharge of his duties in the capacity of brakeman and in the employ of the plaintiff in error on the 6th day of October, 1005, in the yards at Bluefield, W. Va.
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.In Error to the Circuit Court of the United States for the Southern District of West Virginia, at Charleston. For opinion below, see 162 Fed. 750. This was an action for damages brought by the defendant in error against 1he plaintiff in error for injuries received while acting in the discharge of his duties in the capacity of brakeman and in the employ of the plaintiff in error on the 6th day of October, 1005, in the yards at Bluefield, W. Va. The record discloses that the defendant in error was an experienced brakeman, and that prior to the accident he had been employed as brakeman for a…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). There are six assignments of error filed herein, but we deem it necessary to consider only the second assignment, which is as follows:
“The court erred in refusing to sustain the motion of the defendant to direct the jury to return a verdict in favor of the defendant and against the plaintiff, because there was not a scintilla of evidence to establish knowledge on the part of the defendant, either actual or constructive, that the brake complained of was either defective, or out of repair and dangerous.”
The jury found, upon a special interrogatory, that the…
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