Cincinnati, N. O. & T. P. Ry. Co. v. Jones
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. Action by John A. Jones as administrator of the estate of Herman Winters, deceased, against the Cincinnati, New Orleans & Texas Pacific Railway Company. Judgment for plaintiff, and defendant brings error. This action was brought by .Tones, as administrator, to recover damages for the alleged negligent killing of Winters while in the employ of the railway company as brakeman.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. Action by John A. Jones as administrator of the estate of Herman Winters, deceased, against the Cincinnati, New Orleans & Texas Pacific Railway Company. Judgment for plaintiff, and defendant brings error. This action was brought by .Tones, as administrator, to recover damages for the alleged negligent killing of Winters while in the employ of the railway company as brakeman. The negligence charged in the, first count of the declaration is in substance tha! the railway company maintained certain tunnels…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above), [i] At the close of the evidence offered by the administrator, and again at the close of all the evidence, the railway company moved for a directed verdict. The motions were overruled and exceptions reserved. The company then presented requests for special instructions to be given to the jury; these in large part were covered by the general charge, and the rest were either given or so far explained that they will not, in the view we take of the case, require specific attention.
The main reliance of the railway company is that under the testimony the injury…
2Cases cited24 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Richards v. H. K. Mulford Co.Court of Appeals for the Sixth Circuit · 1916
- Pittsburgh, C., C. & St. L. Ry. Co. v. GlinnCourt of Appeals for the Sixth Circuit · 1915
- Louisville & N. R. v. BellCourt of Appeals for the Sixth Circuit · 1913
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
- Crucible Steel Forge Co. v. MoirCourt of Appeals for the Sixth Circuit · 1915
6 more not listed; retrieve them via the Exa API.