Long Pole Lumber Co. v. Gross
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of Virginia, at Lynchburg. Action by Charles Gross against the Long Pole Lumber Company. Judgment for plaintiff, and defendant brings error. The plaintiff below — now designated as defendant in error — was employed by the defendant below as locomotive engineer, and was engaged in running defendant’s locomotives from the mills to its timber standing in the woods.
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In Error to the Circuit Court of the United States for the Western District of Virginia, at Lynchburg. Action by Charles Gross against the Long Pole Lumber Company. Judgment for plaintiff, and defendant brings error. The plaintiff below — now designated as defendant in error — was employed by the defendant below as locomotive engineer, and was engaged in running defendant’s locomotives from the mills to its timber standing in the woods. Defendant operated a lumber plant and a railroad or tramroad from its plant to the woods where it owned standing timber, and, when the timber was cut, the…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). There are a number of assignments- of error. The first relates to the refusal of the court to grant the motion of the defendant below to instruct the jury to- return a verdict in its favor. This motion was based upon the following grounds: (a) That no negligence on the part of the defendant as the proximate cause of the injury was shown; (b) the negligence, if any, was that of á fellow'servant; (c) the plaintiff assumed the risk. The learned judge who tried the case below in overruling the motion made the following statement:
“The rule of the federal court,…
2Cases cited7 opinions
- Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
- New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
- Snyder v. HarperWest Virginia Supreme Court · 1884
- Portsmouth Street Railroad v. Peed's AdministratorSupreme Court of Virginia · 1904
- Alexandria & F. R. R. v. HerndonSupreme Court of Virginia · 1890
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3Cited by2 opinions
- Baltimore & O. R. v. TaylorCourt of Appeals for the Fourth Circuit · 1911
- Regan v. Montana Logging Co.Montana Supreme Court · 1917