Erie R. v. Russell
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by Blanche Russell, administratrix of the estate of Harry Russell, deceased, against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by Blanche Russell, administratrix of the estate of Harry Russell, deceased, against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. Writ of error to review a judgment in favor of the plaintiff in an action to recover damages for injuries resulting in the death of the plaintiff’s intestate, Harry Bussell, while employed by the defendant railroad company. There was evidence in the case sufficient to warrant the jury in finding the following facts which are…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The first question in the case is whether the acts of the defendant constituted a violation'of the federal safety appliance act (Act March 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St. 1901, p. 31741,. as amended March 2, 1903, c. 976, 32 Stat. 943 (U. S. Comp. St. Supp. 1909, p. 1143), the relevant sections of which are printed in the footnote.1
The first phase of this question is whether the car with the defective coupler was, at the time of the accident, in use within the meaning of the amended act. It is pointed out that the car was not being hauled at…
2Cases cited10 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Chicago, M. & St. P. Ry. Co. v. VoelkerCourt of Appeals for the Eighth Circuit · 1904
- Wabash R. v. United StatesCourt of Appeals for the Seventh Circuit · 1909
- Chicago Junction Ry. Co. v. KingCourt of Appeals for the Seventh Circuit · 1909
- Chicago, M. & St. P. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
- Otos v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
- Illinois State Trust Co. v. Missouri Pacific RailroadSupreme Court of Missouri · 1928
- Netzer v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1953
- Brady v. Wabash Railway Co.Supreme Court of Missouri · 1932
15 more not listed; retrieve them via the Exa API.