Richmond & Danville Railroad v. Powers
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. On April 11, 1886, W. D. Powers was run over by a train belonging to the Richmond and Danville Railroad Company, at a station known as “ Lula,” and so injured that he died in a few-hours. This action was brought to recover damages therefor. The plaintiffs are his children, and the proper parties under the Georgia statutes to maintain the action.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. On April 11, 1886, W. D. Powers was run over by a train belonging to the Richmond and Danville Railroad Company, at a station known as “ Lula,” and so injured that he died in a few-hours. This action was brought to recover damages therefor. The plaintiffs are his children, and the proper parties under the Georgia statutes to maintain the action. It was commenced in the city court -of Atlanta, Georgia, and thence removed by the defendant to the Circuit Court of the United States for the Northern District of…
1Opinion of the CourtJustice Brewer
The only .error assigned is in the refusal of the court to .instruct the jury as requested, substantially that the deceased was guilty of such contributory negligence as to prevent a. recovery. It is well settled that where there is uncertainty as to the existence, of either negligence or contributory negligence, the question is not one of law, but of fact, and to be-settled by a jury ; and this, whether the uncertainty arises from a conflict in the testimony, or because the facts being-undisputed, fairminded men will honestly draw different conclusions from them. Railroad Co. v. Stout, 17…
2Cases cited3 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
3Cited by167 opinions
- Gunning v. CooleySupreme Court of the United States · 1930
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Galloway v. United StatesSupreme Court of the United States · 1943
- Best v. District of ColumbiaSupreme Court of the United States · 1934
- Berry v. United StatesSupreme Court of the United States · 1941
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