Legal Opinion

New York Cent. R. Co. v. Brown

Court of Appeals for the Sixth Circuit

Decided March 17, 1933No. 6163PublishedCited by 16 opinions

1Opinion of the Court

SIMONS, Circuit Judge.

•This ease involves determination of the proximate eause of an injury to a railway brakeman which followed the failure of a safety appliance. The suit was brought under the Safety Appliance Act (45 USCA § 1 et seq.) and the Employers’ Liability Act (45 USCA §§ 51-59), and from a judgment in favor of "the plaintiff below the defendant railroad appeals; the specific error assigned being the refusal of the court below to grant a peremptory instruction in favor of the defendant. The facts follow:

Brown was a yard brakeman in the employ of the railroad, and on the night of…

2Cases cited9 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Davis v. WolfeSupreme Court of the United States · 1923
  3. St. Louis & San Francisco Railroad v. ConartySupreme Court of the United States · 1915
  4. Lang v. New York Central RailroadSupreme Court of the United States · 1921
  5. McCalmont v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1922

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3Cited by16 opinions

  1. Sanford Bros. Boats, Inc. v. Dalvis VidrineCourt of Appeals for the Fifth Circuit · 1969
  2. Frederick v. GoffSupreme Court of Iowa · 1960
  3. NEW YORK, C. & ST. L. R. CO. v. AffolderCourt of Appeals for the Eighth Circuit · 1949
  4. Dubuque Fire and Marine Insurance Company v. Clifford Caylor, Fayne Caylor and Merle Caylor, Doing Business as Caylor Brothers Construction CompanyCourt of Appeals for the Tenth Circuit · 1957
  5. Anderson v. Baltimore & O. R. Co.Court of Appeals for the Second Circuit · 1937

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