Norfolk & W. Ry. Co. v. Gillespie
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Roanoke; Henry Clay McDowell, Judge. Action by Louella Gillespie, administratrix of A. E. Gillespie, deceased, against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Western District of Virginia, at Roanoke; Henry Clay McDowell, Judge. Action by Louella Gillespie, administratrix of A. E. Gillespie, deceased, against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error. The conductor, Davis, was asked, relative to the part of defendant’s road where the accident occurred, what would be a fair rate of speed for freight trains, taking into consideration the stops for water and coal, the work done, and taking everything into consideration, and answered that he…
1Opinion of the Court
WOODS, Circuit Judge.
The defendant’s freight train was derailed on June 8, 1913, near Cleveland, Va., and the engineer, A. E. Gillespie, was killed. In this action his administratrix recovered judgment on these charges of negligence on the part of the railroad company : (1) Requiring the engineer by its schedule to run at a dangerous rate of speed around a curve in violation of its own rule laying down a lower speed as safe; (2) failing to protect the train by a guard rail on the curve; (3) allowing a low joint or uneven place in the track, especially dangerous on a curve; and (4) failing to…
2Cases cited6 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Patton v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Young v. WheelockSupreme Court of Missouri · 1933
- DETROIT, T. & IR CO. v. BanningCourt of Appeals for the Sixth Circuit · 1949
- Copper Process Co. v. Chicago Bonding & Ins. Co.Court of Appeals for the Third Circuit · 1920
- Duncan v. PearsonCourt of Appeals for the Fourth Circuit · 1943
- Virginian Ry. Co. v. HalsteadCourt of Appeals for the Fourth Circuit · 1919
1 more not listed; retrieve them via the Exa API.