Legal Opinion

Dunlap v. Northeastern Railroad

Supreme Court of the United States

Decided May 13, 1889No. 256PublishedCited by 43 opinions

ERROR TO THE. CIRCUIT COURT OE THE UNITED STATES FOR THE NORTHERN DISTRICT OE GEORGIA. This was an action on the case brought by Dunlap against. the Northeastern Railroad Company to recover for injuries -received during the month of August, 1882, by reason of a train belonging to defendant leaving the track, while Dunlap was acting as engineer.

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ERROR TO THE. CIRCUIT COURT OE THE UNITED STATES FOR THE NORTHERN DISTRICT OE GEORGIA. This was an action on the case brought by Dunlap against. the Northeastern Railroad Company to recover for injuries -received during the month of August, 1882, by reason of a train belonging to defendant leaving the track, while Dunlap was acting as engineer. The Code of Georgia (1882, pp. 509, 762) provides-as follows: “ § 2083. lidbibivy ofra/Wroád companies as carriers. — Railroad companies are common carriers, and liable as such. As such companies necessarily have many employés who cannot possibly…

1Opinion of the Court

j^E. Chief Justice. Fullee,

after stating the case, as above reported, delivered the opinion.of the court.

The Circuit Court erred in not submitting the question of contributory negligence to the jury, as the' conclusion did not follow;, as matter of law, that no recovery could be had upon any view which could be properly taken of the facts the evidence tended to establish. Kane v. Northern Central Railway, 1 28 U. S. 91; Jones v. East Tennessee, Virginia & Georgia Railroad Co., 128 U. S. 443.

It is urged that the exceptions were not properly saved, and therefore that they should be disregarded.…

2Cases cited2 opinions

  1. Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
  2. George B. Magruder, in Error v. The Union Bank of Georgetown, in ErrorSupreme Court of the United States · 1830

3Cited by43 opinions

  1. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  2. Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
  3. Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
  4. Louisville & Nashville Railroad v. WoodsonSupreme Court of the United States · 1890
  5. Davidson Steamship Co. v. United StatesSupreme Court of the United States · 1907

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