Smith v. Pennsylvania R.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Western District of New York. Action by Roy W. Smith against the Pennsylvania Railroad Company. There was a judgment dismissing the complaint at the close of i plaintiff’s, case, and he brings error.
1Opinion of the Court
HOUGH, Circuit Judge.
Plaintiff was a brakeman in defendant’s employ, and While walking between two tracks, in order to reach the cars on which he was working, was passed by a Pennsylvania train running on one of the tracks. ■ At this time he received injuries, and brings this action to recover damages therefor.
*104The complaint alleges that, while plaintiff was proceeding along the roadbed as above stated, he was “struck by a piece of iron which was negligently and carelessly allowed to project out beyond the side of a passing car or engine” of the moving train aforesaid. No one did, or…
2Cases cited8 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- United States v. RossSupreme Court of the United States · 1876
- San Juan Light & Transit Co. v. RequenaSupreme Court of the United States · 1912
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Manning v. Insurance Co.Supreme Court of the United States · 1880
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3Cited by16 opinions
- Davis v. CastileTexas Commission of Appeals · 1924
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Freida Gust Savard v. Marine Contracting Inc. And Perini CorporationCourt of Appeals for the Second Circuit · 1972
- Wagner v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- General Reinsurance Corp. v. Southern Surety Co. of Des MoinesCourt of Appeals for the Eighth Circuit · 1928
11 more not listed; retrieve them via the Exa API.