Legal Opinion

Memphis St. R. v. Townes

Court of Appeals for the Sixth Circuit

Decided May 2, 1922No. 3616Published

In Error to the District Court of the United States for the Western District of Tennessee; John W. Peck, Judge. Action at law by Woodson Townes against the Memphis Street Railway Company and T. H. Tutwiler and others, receivers. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

DENISON, Circuit Judge.

[1] The court below instructed a verdict in favor of plaintiff, Townes, who was suing for personal injuries inflicted by the railway company’s motorman. We are therefore required, for the purposes of this review, to consider the proofs in the light most favorable to the railway. Hence we assume that Townes was one of the three negro passengers upon the car when it stopped at a lonely spot in the outskirts of the city; that while so stopped the conductor, standing on the car platform, was shot and instantly killed; that the motorman had cause to believe that this shot…

2Cases cited5 opinions

  1. Brown v. United StatesSupreme Court of the United States · 1921
  2. Railway Mail Ass'n v. MoseleyCourt of Appeals for the Sixth Circuit · 1914
  3. Shadoan v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1915
  4. Dickinson v. HarrisCourt of Appeals for the Sixth Circuit · 1917
  5. Cincinnati, N. O. & T. P. Ry. Co. v. LovettCourt of Appeals for the Sixth Circuit · 1921

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