Baltimore & O. R. v. Taylor
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the Unitedi States for the Northern District of West Virginia, at Parkersburg. Action by Hettie G. Taylor, as administratrix of Harry B. Taylor, deceased, against the Baltimore & Ohio Railroad Company.' Judgment for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the Unitedi States for the Northern District of West Virginia, at Parkersburg. Action by Hettie G. Taylor, as administratrix of Harry B. Taylor, deceased, against the Baltimore & Ohio Railroad Company.' Judgment for defendant, and plaintiff brings error. Tills is an action instituted by the administratrix oí Harry B. Taylor, deceased, against, the Baltimore & Ohio Railroad Company in the circuit court of Wood county, W. Va.. from which it was removed to and tried in the Circuit Court of the United States for the Northern District oí West Virginia: trial…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). As appears from the statement of facts, it is insisted by the defendant below: (a) That the evidence was not sufficient to sustain a verdict against the defendant; (b) that the decedent assumed the risk incident to his employment; (c) that his own negligence contributed to the cause of his death.
[ 1 ] The first assignment of error relates to the refusal of the court below to direct a verdict in favor of the defendant. The general rule bearing upon this point is well stated in the case of Kreigh v. Westinghouse & Co., 214 U. S. 249, 29 Sup. Ct. 619, 53 L.…
2Cases cited13 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
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3Cited by4 opinions
- Hess v. RobinsonUtah Supreme Court · 1945
- Pocahontas Consol. Collieries Co. v. JohnsonCourt of Appeals for the Fourth Circuit · 1917
- Stone v. Superior Fire Ins.Supreme Court of Pennsylvania · 1924
- Missouri-Kansas-Texas R. Co. of Texas v. BarnabyCourt of Appeals of Texas · 1942