Wyman v. Lehigh Valley R.
Court of Appeals for the Second Circuit
In Error to the Circuit Court .of the United States for the Southern District of New York. Writ of error to review a judgment entered upon the verdict of a jury in favor of the deféndant, in an action brought by plaintiff to recover damages resulting from the death of her husband, Frank W. Wyman, while in the defendant’s employ as a brakeman.
1Opinion of the Court
COXE, Circuit Judge.
The accident occurred July 7, 1904, on defendant’s premises at Pier 56 North River, New York. A car float had come to the dock and the movable part known as the “bridge” would not sink low enough, with the weight of the engine alone, to meet the float. Accordingly the defendant’s employes took a car known as a gondola, loaded with structural iron from the yard and ran it down to depress the bridge. It was a wooden car about 34 feet long with two trucks, each truck having two pair of wheels. The weight of the car was about 80,000 pounds. In running the car down, the rear…
2Cases cited11 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Stringham v. . HiltonNew York Court of Appeals · 1888
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3Cited by4 opinions
- Atlantic Coast Line Railroad v. CampbellSupreme Court of Florida · 1932
- Pioneer S. S. Co. v. McCannCourt of Appeals for the Sixth Circuit · 1909
- Braswell v. StateDistrict Court of Appeal of Florida · 1975
- A. C. L. R. R. Co. v. CampbellSupreme Court of Florida · 1932