Dernberger v. Baltimore & O. R. Co.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. * Action by Martha Dernberger, administratrix of the estate of Benjamin Demberger, deceased, against the Baltimore & Ohio Railway Company. From a judgment for defendant on a directed verdict (234 Fed. 405), plaintiff brings error.
1Opinion of the Court
PRITCHARD, Circuit Judge.
This action was instituted in the District Court of the United States for the Northern District of West Virginia by Martha Dernberger, administratrix of Benjamin Dernberger, deceased, against the Baltimore & Ohio Railroad Company,to recover damages for alleged injuries sustained by Benjamin Dernberger at the hands of defendant in error, under chapter 103, section 3488, of the Code of West Virginia, which is in the following language:
“Wlipnevcr the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would…
2Cases cited46 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Railroad Company v. HoustonSupreme Court of the United States · 1878
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3Cited by23 opinions
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Southern Ry. Co. v. PriesterCourt of Appeals for the Fourth Circuit · 1923
- United States Director General of Railroads v. ZanzingerCourt of Appeals for the Fourth Circuit · 1920
- Holiman v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1953
- Atlantic Coast Line R. v. McLeodCourt of Appeals for the Fourth Circuit · 1926
18 more not listed; retrieve them via the Exa API.