Atlantic Coast Line R. v. Finn
Court of Appeals for the Fourth Circuit
Iii Error to the Circuit Court of the United States for the District of South Carolina, at Charleston. Action by P. P. Einn against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant brings error. On the 17th day of November, 1905, the plaintiff below, Finn, had been for a number of years, in the employ, as engineer, of the railroad company, defendant below. At the time, however, lie was suspended under charges of an alleged dereliction of duty.
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Iii Error to the Circuit Court of the United States for the District of South Carolina, at Charleston. Action by P. P. Einn against the Atlantic Coast Line Railroad Company. Judgment for plaintiff, and defendant brings error. On the 17th day of November, 1905, the plaintiff below, Finn, had been for a number of years, in the employ, as engineer, of the railroad company, defendant below. At the time, however, lie was suspended under charges of an alleged dereliction of duty. In response to a telegram from the company's master mechanic, he on that day started to go from his home at Sumpter, to…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above).
[1] The first assignment of error is in the following language:
“The said court erred in refusing to direct a verdict at the close of all the evidence in favor of the defendant, for the reason that the evidence, undisputed and indisputable, showed that the plaintiff was a member of the relief department of defendant, aud on account of the alleged injury received benefits, and that the acceptance of these benefits constituted a release by the plaintiff in favor of defendant for all alleged damages and constituted a bar to this action; and, further, that the…
2Cases cited22 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Holden v. HardySupreme Court of the United States · 1898
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Knox v. LeeSupreme Court of the United States · 1871
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Elliott Mach. Co. v. CenterDistrict Court, W.D. Michigan · 1915
- State v. ClaiborneSupreme Court of Iowa · 1919
- McDaniel v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1915