Cincinnati, H. & D. R. v. Thiebaud
Court of Appeals for the Sixth Circuit
■In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a suit brought by Thiebaud, the defendant in error, as administrator of Sweetman, against the Oincinnati, Hamilton & Dayton Railroad Company, to recover damages arising from the death of the deceased, occasioned hy the negligence of the company.
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■In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is a suit brought by Thiebaud, the defendant in error, as administrator of Sweetman, against the Oincinnati, Hamilton & Dayton Railroad Company, to recover damages arising from the death of the deceased, occasioned hy the negligence of the company. The right of the administrator to bring such an action is founded upon a statute of Indiana, where the accident and death occurred, which provides that: “When the death of one is caused by the wrongful act or omission of another, the…
1Opinion of the CourtSeverens, Circuit Judge
In support of the assignments of error, it is contended by counsel in behalf of the railroad company:
i. That the case is not within the scope of the Indiana statute fixing the liability of employés. The contention is that it applies only to persons who are “obeying or conforming to the order of some superior, at the time of such injury, having authority to direct”; and it is said (which appears to be the fact) that there was no proof that the deceased was acting at the time under any special direction, or otherwise than in the discharge of the general duty of his employment. It is insisted…
2Cases cited24 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
19 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
- Memphis St. Ry. Co. v. BoboCourt of Appeals for the Sixth Circuit · 1916
- Trust Co. Of Chicago v. Pennsylvania R. CoCourt of Appeals for the Seventh Circuit · 1950
- Garrett v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1912
12 more not listed; retrieve them via the Exa API.