Frazier v. Interstate R.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Big Stone Gap; Henry Clay McDowell, Judge. Action at law by Eou Frazier, administratrix of James E. Frazier, deceased, against the Interstate Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
A demurrer was sustained to the amended declaration, alleging negligence of the Interstate Railroad, resulting in the death of James P. Frazier while employed as a brakeman in defendant’s Andover yard. We do not consider the error assigned in sustaining the demurrer to the original declaration, because the plaintiff elected to amend rather than stand on his original declaration.
Specifically, the question is whether a jury could draw a reasonable inference, from proof of the surroundings in which deceased was working in the yard of- the defendant, that due care required…
2Cases cited8 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Chicago, Rock Island & Pacific Railway Co. v. WrightSupreme Court of the United States · 1916
- Erie Railroad v. PuruckerSupreme Court of the United States · 1917
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
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3Cited by4 opinions
- Brimer v. DavisMissouri Court of Appeals · 1922
- Frazier v. Interstate R.Court of Appeals for the Fourth Circuit · 1921
- Healy v. Cincinnati, New Orleans & Texas Pacific RyOhio Court of Appeals · 1939
- Norfolk & W. Ry. Co. v. KratzerCourt of Appeals for the Sixth Circuit · 1930