Texas & Pacific Railway Co. v. Howell
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of an employer for' injury to an employé, are stated in the opinion. The plaintiff below- failed to make out a case of negligence on the part of the railroad company, and the jury should have been so instructed. That portion of the evidence raising a question as to whether the defendant was-entitled to peremptory instruction is practically without contradiction.
Read the full summary
ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of an employer for' injury to an employé, are stated in the opinion. The plaintiff below- failed to make out a case of negligence on the part of the railroad company, and the jury should have been so instructed. That portion of the evidence raising a question as to whether the defendant was-entitled to peremptory instruction is practically without contradiction. Temporary imperfections incident to a repair are not within the general rule. Bishop’s Non-contract Law, § 649; Koatz v. Chicago R.…
1Opinion of the CourtJustice Holmes
This is an action for personal injuries done to the plaintiff, the defendant in error, Howell, while in the employ of the Railway Company. The plaintiff had a verdict and judgment, subject to' exceptions, and the judgment-was affirmed without discussion by the Circuit Court of Appeal-!. The material facts can be stated in a few words. The plaintiff was set to digging-a hole for a post under a coal chute. While he was at work the defendant put other men to removing certain timbers and planks from the floor twelve feet or so above him, without his knowledge, as he contends, and a piece of…
2Cases cited3 opinions
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Chicago Junction Railway Co. v. KingSupreme Court of the United States · 1911
- Crane Elevator Co. v. LippertCourt of Appeals for the Seventh Circuit · 1894
3Cited by13 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
- Cincinnati Car Co. v. New York Rapid Transit Corp.Court of Appeals for the Second Circuit · 1933
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Larkin v. New York Telephone Co.New York Court of Appeals · 1917
- American Shipbuilding Co. v. LorenskiCourt of Appeals for the Sixth Circuit · 1913
8 more not listed; retrieve them via the Exa API.