Heller v. New York, N. H. & H. R.
Court of Appeals for the Second Circuit
In Error to the District Court of the United State's for the Southern District of New York. Action by Benzion Heller, administrator of the estate of Max Heller, deceased, against the New York, New Haven & Hartford Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
ROGERS, Circuit Judge.
This action was brought to recover damages for negligently causing the death of the plaintiff’s son, who was about 11 years of age. His death occurred on September 3, 1917. At the close of the case defendant moved to dismiss the complaint, or to direct a verdict for defendant. The motions were denied. The case was submitted to the jury; a verdict being returned in favor of defendant.
The plaintiff alleged that the defendant owned and maintained a certain electric feed wire for the purpose of conducting- and supplying electricity for the operation of its railroad trains.…
2Cases cited39 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Powers v. HarlowMichigan Supreme Court · 1884
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
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3Cited by30 opinions
- United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
- Siesseger v. PuthSupreme Court of Iowa · 1931
- Schock v. Ringling Bros. Etc.Washington Supreme Court · 1940
- Keesecker v. G. M. McKelvey Co.Ohio Supreme Court · 1943
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
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