Legal Opinion

Delaware, L. & W. R. v. Welshman

Court of Appeals for the Third Circuit

Decided December 9, 1915No. 1969PublishedCited by 19 opinions

In Error to the District Court of the United States for the District of New Jersey; Thos. G. Haight, Judge. Action by Alice B. Welshman, executrix of George O. Welshman, deceased, against the Delaware, Lackawanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below Mrs. Alice B. Welshman, executrix of Dr. George O. Welshman and a citizen of New Jersey, brought suit and recovered a verdict against the Delaware, Lackawanna & Western Railroad Company, a corporate citizen of Pennsylvania, for damages based on the death of Dr. Welshman through the defendant’s alleged negligence. The defendant, on entry of judgment, sued out this writ. While there are 16 formal assignments of error, they finally narrow to the court’s alleged error in refusing defendant’s request for binding instructions. Whether the court erred…

2Cases cited3 opinions

  1. Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
  2. New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
  3. Erie R. Co. v. SchultzCourt of Appeals for the Sixth Circuit · 1911

3Cited by19 opinions

  1. Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
  2. Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
  3. Crowley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
  4. Milk House Cheese Corp. v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1955
  5. Sanford v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1916

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