Legal Opinion

Delaware, L. & W. R. v. Hughes

Court of Appeals for the Second Circuit

Decided February 27, 1917No. 185PublishedCited by 12 opinions

In Error to the District Court of the United States for the Northern District of New York. Action by Esther A. Hughes, as administratrix, against the Delaware, Eackawanna & Western Railroad Company. Judgment for plaintiff, and defendant’s motion for new trial denied (233 Fed. 118), and defendant brings error.

1Opinion of the Court

COXE, Circuit Judge.

This action was brought by Esther A. Hughes, as administratrix of the estate of Thomas Hughes, deceased, to recover damages of the Railroad Company for its alleged negligence in causing the death of her husband. The action was brought under the federal Employers’ Liability Act. The jury found a verdict for the plaintiff in the sum of $3,715.

[1] Thomas Hughes was killed on a track of the defendant’s road at Syracuse at about 4 o’clock on the morning of August 10, 1916, while it was yet dark. He was a man of experience and long service in the defendant’s employ and was…

2Cases cited2 opinions

  1. Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1913
  2. Collins v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by12 opinions

  1. Killion v. DinklageNebraska Supreme Court · 1931
  2. The CulbersonCourt of Appeals for the Third Circuit · 1932
  3. Castner v. Tacoma Gas & Fuel Co.Washington Supreme Court · 1923
  4. Heffner v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1936
  5. Potts v. MulliganSupreme Court of Florida · 1940

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