Worthington v. Elmer
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Northern District of Ohio; William E. Day, Judge. Action at law by D. Theodore Elmer, administrator of the estate of Clarence W. Rice, deceased, against B. A. Worthington, as receiver of the Wheeling & Take Erie Railroad 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 Division of the Northern District of Ohio; William E. Day, Judge. Action at law by D. Theodore Elmer, administrator of the estate of Clarence W. Rice, deceased, against B. A. Worthington, as receiver of the Wheeling & Take Erie Railroad Company. Judgment for plaintiff, and defendant brings error. The railroad company, through its receiver, prosecutes error to a judgment entered upon a verdict recovered below by Elmer, as administrator of the estate of the decedent Rice. The action was brought under the Employer’s Liability…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The first assignment of error is based upon the denial of a motion made at the close of all the evidence, without specifying any distinct ground, to direct a verdict for the company.
*3081. Any consideration of the facts contained in the statement will ■show that the decedent, the fieldman, was confronted at night, in the yard of the company, with the duty of boarding one of two moving cars for the purpose of preventing them from colliding with cars standing some 400 feet beyond. This duty grew out of a custom so to operate cars in making up trains. The evidence…
2Cases cited23 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Haddigan v. HarkinsCourt of Appeals for the Third Circuit · 1970
- Chicago, St. P., M. & O. Ry. Co. v. KulpCourt of Appeals for the Eighth Circuit · 1939
- Davlin v. Henry Ford & Son, Inc.Court of Appeals for the Sixth Circuit · 1927
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Tennant v. Peoria & Pekin Union Ry. Co.Court of Appeals for the Seventh Circuit · 1943
9 more not listed; retrieve them via the Exa API.