Overstreet v. Norfolk & W. Ry. Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Roanoke; Henry Clay McDowell, Judge. Action by Lola M. Overstreet, administratrix of R. S. Overstreet, deceased, against the Norfolk & Western Railway Company. Judgment for defendant on directed verdict, and plaintiff brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
On October 19, 1915, R. S. Overstreet, a hostler in the employ of defendant in error, was caught between the couplers of two locomotives, which he was presumably attempting to couple together, and so badly hurt that he died a few hours after-wards. There was no eyewitness of the accident, and how or why it happened can only be inferred from the surrounding circumstances. His administratrix brought suit under the Employers’ Liability Act, alleging that the coupler on one of the locomotives, or some part of it, was out of order, and that this was the proximate cause of…
2Cases cited5 opinions
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- San Antonio & Aransas Pass Railway Co. v. WagnerSupreme Court of the United States · 1916
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
- Myers v. Pittsburgh Coal Co.Supreme Court of the United States · 1914
- Texas & Pacific R. Co. v. RosboroughSupreme Court of the United States · 1914
3Cited by4 opinions
- Metropolitan Life Ins. Co. v. ArmstrongCourt of Appeals for the Eighth Circuit · 1936
- Western & Atlantic Railroad v. GentleCourt of Appeals of Georgia · 1938
- Chesapeake & O. Ry. Co. v. CharltonCourt of Appeals for the Fourth Circuit · 1917
- Hasenjaeger v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1932