Randall v. Baltimore & Ohio Railroad
Supreme Court of the United States
IN ERROR TO TIIE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF WEST VIRGINIA. This is an action against a railroad corporation by a brakeman in its employ, for personal injuries received, .while working a switch, by being struck by one of its locomotive engines.
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IN ERROR TO TIIE CIRCUIT COURT OF THE UNITED STATES FOR THE ' DISTRICT OF WEST VIRGINIA. This is an action against a railroad corporation by a brakeman in its employ, for personal injuries received, .while working a switch, by being struck by one of its locomotive engines. The declaration, in seven different counts, alleged as grounds of action that the defendant negligently constructed and kept its tracks and switches in a defective and dangerous condition; that the defendant, by one of its agents and servants, who was at the time unskilful, negligent and unfit to perform the business and…
1Opinion of the Court
Mr, Justice Gray
delivered the opinion of the court. After reciting the facts as above, he said:
1. It is the settled law of this court, that when the evidence given at-the trial, with all inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must b.e set aside, the court is not bound to submit the case to the. jury, but may direct a verdict for the defendant. Pleasants v. Fant, 22 Wall. 116; Herbert v. Butler, 97 U. S. 319; Bowditch v. Boston, 101 U. S. 16; Griggs v. Houston, 104 U. S. 553. And it…
2Cases cited22 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Pleasants v. FantSupreme Court of the United States · 1875
- Bowditch v. BostonSupreme Court of the United States · 1880
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- The" City of Panama"Supreme Court of the United States · 1880
17 more not listed; retrieve them via the Exa API.
3Cited by268 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Galloway v. United StatesSupreme Court of the United States · 1943
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
263 more not listed; retrieve them via the Exa API.