Smith v. Atlantic Coast Line R.
Court of Appeals for the Fourth Circuit
On Cross-Writs of Error to the District Court of the United States for the Eastern District of South Carolina, at Columbia; Henry A. Middleton Smith, Judge, Action at law by Keen D. Smith against the Atlantic Coast Dine Railroad Company. Judgment for defendant, and both parties bring error.
1Opinion of the Court
CONNOR, District Judge.
Plaintiff is a citizen of South Carolina. Defendant is a Virginia corporation. The writ was issued March 8, 1910. In the original complaint plaintiff alleged: That on December 4, 1908, he was injured while in the employment of defendant railroad company, at Florence, S. C. That, while acting as yard conductor, under the order of Mr. Thorne, the yardmaster, his superior in authority, he was endeavoring to make a coupling of two freight cars; the coupler of one being “out of order.” That, while so engaged, it became necessary, by reason of the defective condition of the…
2Cases cited5 opinions
- Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911
- Chicago, Rock Island & Pacific Railway Co. v. BrownSupreme Court of the United States · 1913
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Chicago, R. I. & P. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1911
3Cited by12 opinions
- Nashville, C. & St. L. Ry. v. AndersonTennessee Supreme Court · 1915
- Damiano v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Western & Atlantic Railroad v. GentleCourt of Appeals of Georgia · 1938
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
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