Delaware, L. & W. R. v. Pittinger
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Joseph L. Bodine, Judge. Action by Albert Pittinger against the Delaware, Eackawanna & Western Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOODLEY, Circuit Judge.
Four bandits had been operating in the vicinity of Boonton, New Jersey, robbing freight trains of the defendant railroad company. To stop these depredations, the company specially assigned two detectives with “specific instructions * * * that * * * if these four men came to rob a train, or did rob one, to arrest them if they could.” Each was instructed “not to use his gun except in defense of life.” Pursuant to these instructions the detectives, on the night in question, concealed themselves in a sandhouse near the railroad company’s right of way. It so happened that…
2Cases cited12 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Holler v. P. Sanford Ross, Inc.Supreme Court of New Jersey · 1902
- Klitch v. BettsSupreme Court of New Jersey · 1916
- Ryle v. Manchester Building & Loan Ass'nSupreme Court of New Jersey · 1907
- West Jersey & Seashore Railroad v. WelshSupreme Court of New Jersey · 1899
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3Cited by6 opinions
- National Motor Service Co. v. WaltersIdaho Supreme Court · 1963
- Cleveland Nehi Bottling Co. v. SchenkCourt of Appeals for the Sixth Circuit · 1932
- Mercer v. HarveySupreme Court of Kansas · 1924
- Grimes v. American Motorists Insurance Co.Louisiana Court of Appeal · 1962
- Price v. United StatesDistrict Court, E.D. Louisiana · 1925
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