Louisville & N. R. v. Miller
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. The defendant in error J. E. Miller recovered judgment against the plaintiff in error, the Louisville & Nashville Railroad Company, for an injury sustained while making a coupling. Miller was a switchman who had been in the service of the company but four days when he sustained the injury for which he sued.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. The defendant in error J. E. Miller recovered judgment against the plaintiff in error, the Louisville & Nashville Railroad Company, for an injury sustained while making a coupling. Miller was a switchman who had been in the service of the company but four days when he sustained the injury for which he sued. He had had no experience as a switchman prior to his employment, except five days of what is called “cubbing,” by which is meant that he had been assigned, on his own application, and without pay, to a…
1Opinion of the Court
LT7KTON, Circuit Judge,
after making the foregoing statement of the case, delivered the opinion of the court.
The case was submitted to the jury upon the theory that the plaintiff was inexperienced in the work of a switchman, and that this was known to the railroad company; that, having been employed as a switchman, and assigned to work in the general yard of the company, where he was likely to- be required to handle foreign cars, with and without bumpers or deadheads, and having coupling apparatus of many styles, the company was bound to qualify him for such service by giving Mm instruction…
2Cases cited18 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Railroad Company v. FortSupreme Court of the United States · 1874
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Felton v. GirardyCourt of Appeals for the Sixth Circuit · 1900
- Lake v. Shenango Furnace Co.Court of Appeals for the Eighth Circuit · 1908
- Panama R. Co. v. MinnixCourt of Appeals for the Fifth Circuit · 1922
- Chambers v. American Tin Plate Co.Court of Appeals for the Sixth Circuit · 1904
- King v. MorganCourt of Appeals for the Eighth Circuit · 1901
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