Southern Ry. Co. v. Cook
Court of Appeals for the Fourth Circuit
In Error to the District^ Court of the Uiiited States for the Western District of Virginia, at'Danville; Henry C. McDowell, Judge. Action at law by C. S. Cook, administrator of W. M. Poteat, deceased, against the Southern Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOODS, Circuit Judge.
The plaintiff, as administrator of the estate of W. M. Poteat, recovered judgment against the Southern Railway Company for the negligent killing of Poteat while employed as a section foreman.
[1] The first question to be decided is whether the District Judge was right in overruling the demurrer to the first and second counts of the declaration. The allegation is made in each of the counts that Pot-eat as section foreman was on the track in the discharge of his duties, that the defendant either knew or should have known that he was there, and that one of the defendant’s…
2Cases cited15 opinions
- St. Louis & San Francisco Railroad v. ConartySupreme Court of the United States · 1915
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Pennsylvania Co. v. ColeCourt of Appeals for the Sixth Circuit · 1914
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- St. Louis & S. F. R. v. BishardCourt of Appeals for the Eighth Circuit · 1906
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3Cited by9 opinions
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Brock v. Mobile & Ohio RailroadSupreme Court of Missouri · 1932
- Kurn v. WeaverCourt of Appeals of Tennessee · 1940
- Southern Ry. Co. v. McGuinCourt of Appeals for the Fourth Circuit · 1917
- BANKS v. ALAMANCE-BURLINGTON BOARD OF EDUCATIONDistrict Court, M.D. North Carolina · 2025
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