Legal Opinion

Boston & M. R. Co. v. Gokey

Court of Appeals for the Second Circuit

Decided December 4, 1906No. 11PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the District of Vermont. Writ of error to the Circuit Court of the United States for the District of Vermont to review a judgment entered on the verdict of a jury in favor of the plaintiff for $3,350.

1Opinion of the Court

COXE. Circuit Judge.

The plaintiff, a brakeman in the employ of the defendant, was, while in the discharge of his duties, struck by the target of a switch and thrown to the ground from a moving freight car. He received injuries which resulted in the amputation of one of his feet three inches above the ankle. The switch which caused the accident was located in the freight yard at Lyndonville, Vt., having been placed in position but a few weeks prior to the accident. The dangerous proximity of the target to the track was unknown to the plaintiff as he testified that he had never operated it in…

2Cases cited7 opinions

  1. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  2. Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
  3. United States v. JahnSupreme Court of the United States · 1894
  4. United States v. Lee Yen TaiCourt of Appeals for the Second Circuit · 1902
  5. Pennsylvania Lumberman's Mut. Fire Ins. v. MeyerCourt of Appeals for the Second Circuit · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Grand Trunk Western Ry. Co. v. ReddickCourt of Appeals for the Seventh Circuit · 1908
  2. New York, N. H. & H. R. v. DaileyCourt of Appeals for the Second Circuit · 1910
  3. Sol Louie v. United StatesCourt of Appeals for the Ninth Circuit · 1920
  4. Wells & Richardson Co. v. AbrahamCourt of Appeals for the Second Circuit · 1906

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