Delaware, L. & W. R. v. Caboni
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment in favor of defendant in error who was plaintiff below. The action was brought to recover damages for the death of Salvatore Orsini, who was killed by being run over by a train on defendant’s railroad. The action was brought under the federal Employers’ Act of 1908 (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp.
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In Error to the District Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment in favor of defendant in error who was plaintiff below. The action was brought to recover damages for the death of Salvatore Orsini, who was killed by being run over by a train on defendant’s railroad. The action was brought under the federal Employers’ Act of 1908 (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1913, §§ 8657-8665]).
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] ’Phis cause was tried before a referee; the only questions open to us are whether the conclusions of law are supported by the findings of fact. We cannot pass upon alleged errors in finding or in refusing to find; nor can we supplement the findings by reference to the testimony. Campbell v. Boyreau, 21 How. 223, 16 L. Ed. 96; Andes v. Slauson, 130 U. S. 435, *6329 Sup. Ct. 573, 32 L. Ed. 989; David Lupton’s Sons Co. v. Automobile Co., 225 U. S. 489, 32 Sup. Ct. 711, 56 L. Ed. 1177, Ann. Cas. 1914A, 699; Edenborn v. Sim, 206 Fed. 275, 124 C. C. A. 339.
The findings are…
2Cases cited4 opinions
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Campbell v. BoyreauSupreme Court of the United States · 1859
- Andes v. SlausonSupreme Court of the United States · 1889
- Edenborn v. SimCourt of Appeals for the Second Circuit · 1913
3Cited by3 opinions
- Aronstam v. All-Russian Central Union of Consumers' Societies, Inc.Court of Appeals for the Second Circuit · 1920
- Grant v. National Bank of AuburnDistrict Court, N.D. New York · 1916
- American Pipe & Construction Co. v. Westchester CountyCourt of Appeals for the Second Circuit · 1923