Boehmer v. Pennsylvania R.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action by Michael U. Boehmcr against the Pennsylvania 'Railroad Company. From a judgment dismissing the complaint, plaintiff brings error. Writ of error to a judgment of the District Court for the Western District of New York (Thomas, J., presiding), dismissing a complaint after trial for failure of proof.
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In Error to the District Court of the United States for the Western District of New York. Action by Michael U. Boehmcr against the Pennsylvania 'Railroad Company. From a judgment dismissing the complaint, plaintiff brings error. Writ of error to a judgment of the District Court for the Western District of New York (Thomas, J., presiding), dismissing a complaint after trial for failure of proof. The jurisdiction of the District Court depended upon diverse citizenship and on the Safety Appliance Act (Act March 2, 1893, c. 196, 27 Sfat. 531 [Comp. St. 1916, §§ 8 Two charges are made: First, that…
1Opinion of the CourtYearned Hand, District Judge
(after stating the facts as above). [1] The only statutory requirement applicable to this car at the time in question was that of section 4 of the act of March 2, 1893 (Comp. St. 1916, § 8608), which provides as follows:
“Until otherwise ordered by the Interstate Commerce Cjammission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grabirons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars.”
The first question is whether this provision was not fulfilled. At each end of…
2Cases cited2 opinions
- Illinois Central Railroad v. WilliamsSupreme Court of the United States · 1917
- United States v. Norfolk & W. Ry. Co.District Court, W.D. Virginia · 1910
3Cited by4 opinions
- Central Vermont Ry. Co. v. PerryCourt of Appeals for the First Circuit · 1926
- Shane v. LowdenMissouri Court of Appeals · 1937
- Smithers v. Fort Worth & D. C. Ry. Co.Texas Commission of Appeals · 1925
- The N. Y. Marine No. 3Court of Appeals for the Second Circuit · 1925