Legal Opinion

McDonald v. Buckley

Court of Appeals for the Fifth Circuit

Decided May 21, 1901No. 1,033PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Southern District of Florida. This suit was originally brought in the circuit court for Monroe county, Fla., and was removed by plaintiffs in error to the circuit court of the United States for the Southern district of Florida. It was an action of trespass on the case, brought to recover damages for injuries received by Eugene J. Buckley, defendant in error, while in the employ of the Union Bridge Company.

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In Error to the Circuit Court of the United States for the Southern District of Florida. This suit was originally brought in the circuit court for Monroe county, Fla., and was removed by plaintiffs in error to the circuit court of the United States for the Southern district of Florida. It was an action of trespass on the case, brought to recover damages for injuries received by Eugene J. Buckley, defendant in error, while in the employ of the Union Bridge Company. The declaration charges, in substance, that the Union Bridge Company was engaged in the work of erecting and constructing certain…

1Opinion of the Court

After stating the facts as above, the opinion of the court was delivered by PARDEE, Circuit Judge.

There are seven assignments of error, but we find it unnecessary to consider any but the third, to the effect that the court erred in refusing to instruct the jury to find a verdict for the defendants, and the seventh, which complains of the refusal of the court to instruct the jury that, if the injury was the result of any carelessness of the foreman, Griffith, while he was engaged in the work of pile driving, he was a fellow servant, and defendants cannot be'held responsible. There was no…

2Cases cited6 opinions

  1. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  2. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  3. New England Railroad v. ConroySupreme Court of the United States · 1899
  4. Central Railroad Company v. KeeganSupreme Court of the United States · 1895
  5. Martin v. Atchison, Topeka & Santa Fe RailroadSupreme Court of the United States · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
  2. Texas & P. Ry. Co. v. CarlinCourt of Appeals for the Fifth Circuit · 1901
  3. Dixon v. Union IronworksSupreme Court of Minnesota · 1903
  4. Wiesner v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1916
  5. Southern Bell Telephone & Telegraph Co. v. RichardsonCourt of Appeals for the Fifth Circuit · 1922

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