Tennessee Coal, Iron & Ry. Co. v. Currier
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Alabama. This action was brought by J. D. Currier, the defendant in error, against the Tennessee Coal, Iron & Railway Company, a corporation under the laws of Tennessee, the plaintiff in error, in the circuit court of Jefferson county, Ala., and was duly removed to the United States circuit court for the Southern division of the Northern district of Alabama.
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In Error to the Circuit Court of the United States for the Northern District of Alabama. This action was brought by J. D. Currier, the defendant in error, against the Tennessee Coal, Iron & Railway Company, a corporation under the laws of Tennessee, the plaintiff in error, in the circuit court of Jefferson county, Ala., and was duly removed to the United States circuit court for the Southern division of the Northern district of Alabama. It is an action for damages on account of personal injuries received by Currier through the alleged negligence of the company. Currier was an employé of the…
1Opinion of the CourtShelby, Circuit Judge
The contentions of the plaintiff in error, when analyzed, are, in effect, that the trial court should have instructed the jury to find for the company, because (1) the facts proved did not show negligence-on the part of the company; and (2) that, if the company was negligent, the defendant was guilty of contributory negligence. In ■ *23examining these propositions we must remember that if there is uncertainty, on all the evidence, as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, and is to be settled by the jury'; and this is true…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Mexican Cent. Ry. Co. v. MurrayCourt of Appeals for the Fifth Circuit · 1900
- Nelson v. New Orleans & N. E. R.Court of Appeals for the Fifth Circuit · 1900
- Mexican Cent. Ry. Co. v. EckmanCourt of Appeals for the Fifth Circuit · 1900
3Cited by2 opinions
- Mid-Continent Petroleum Corp. v. HaneCourt of Appeals for the Tenth Circuit · 1932
- Drake v. Haier US Appliance Solutions Inc.District Court, N.D. California · 2024