Mexican Cent. Ry. Co. v. Murray
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of tbe United States for the Western District of Texas. This is an action brought to recover damages for personal injuries claimed to have been received by plaintiff below while he, as an employe of the railway company, with others, was engaged in raising the fallen end of a bridge. At the time of the accident one of the railway company’s bridges was in course of repair.
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In Error to the Circuit Court of tbe United States for the Western District of Texas. This is an action brought to recover damages for personal injuries claimed to have been received by plaintiff below while he, as an employe of the railway company, with others, was engaged in raising the fallen end of a bridge. At the time of the accident one of the railway company’s bridges was in course of repair. It seems that a flood had undermined an abutment on the bank of a stream, so that the abutment toppled out into the water, letting fall one end of one of the bridge spans. To return the span to…
1Opinion of the Court
After stating the case as above, the opinion of the court was delivered by
PARDEE, Circuit Judge.
In refusing the general charge in favor of the defendant, the trial judge expressed his doubt-as to- whether the charge should be- given/ *271but resolved that doubt in favor of tlie submission of tlie case to the jury. This was proper, and any doubts we have on the subject are resolved on the same side. It is clear that, as to the manner and method of the work in hand at the time Murray was injured, the danger and risk were as well known to him as to any other servant of the1 company there employed,…
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kirkpatrick v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1908
- Mutual Life Ins. Co. of New York v. GravesCourt of Appeals for the Third Circuit · 1928
- Clark v. Kansas City, Ft. S. & M. R. Co.Court of Appeals for the Sixth Circuit · 1904
- Mexican Cent. Ry. Co. v. EckmanCourt of Appeals for the Fifth Circuit · 1900
- Tennessee Coal, Iron & Ry. Co. v. CurrierCourt of Appeals for the Fifth Circuit · 1901
2 more not listed; retrieve them via the Exa API.