Legal Opinion

Reese v. Philadelphia & Reading Railway Co.

Supreme Court of the United States

Decided January 10, 1916No. 608PublishedCited by 21 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the validity of a judgment of non-suit in a suit for death of a railroad employé under the Employers’ Liability Act, are stated in the opinion.

1Opinion of the CourtJustice McReynolds

Relying upon the Federal Employers’ Liability Act, plaintiff in error brought suit against the railway company-in the District Court to recover damages for her husband’s death, alleged to have resulted from the negligent and improper construction and maintenance of its tracks in too close proximity to each other.

At the conclusion of plaintiff’s testimony, the trial court, finding “no evidence of negligence or -neglect to provide him [the employé] with a safe place to work as to the act he was performing at that time,” entered a non-suit and afterwards refused to take it off. This was affirmed…

2Cases cited4 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
  3. Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
  4. Myers v. Pittsburgh Coal Co.Supreme Court of the United States · 1914

3Cited by21 opinions

  1. Seaboard Air Line R. Co. v. GentrySupreme Court of Florida · 1950
  2. Stanford v. Kuwait Airways Corp.Court of Appeals for the Second Circuit · 1996
  3. Toops v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1929
  4. Davis v. HandCourt of Appeals for the Eighth Circuit · 1923
  5. Smith Elec. Co. v. HinkleySupreme Court of Florida · 1929

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