McPeck v. Central Vt. R. Co.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. This was an action by Henry McBeck against the Central Vermont Railroad Company to recover damages for personal injuries. The court directed a verdict for defendant, and plaintiff sued out' a writ of error.
1Opinion of the Court
PUTNAM, Circuit Judge.
No controversy has arisen as to the pleadings in this case, and therefore it is not to be inferred that we either approve them or disapprove them.
The case was opened to a jury in the circuit court, and, at the close of the evidence in behalf of the plaintiff', that court, on the motion of the defendant, directed a verdict for it. The plaintiff duly excepted, and sued out this writ of error. He assumes that the ruling below was necessarily erroneous unless it involved a “matter of law” or a “conclusion of law.” This is a mistaken assumption. A verdict may thus be directed…
2Cases cited13 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
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3Cited by6 opinions
- McClaren v. Weber Bros. Shoe Co.Court of Appeals for the First Circuit · 1909
- Cincinnati, N. O. & T. P. Ry. Co. v. RobertsonCourt of Appeals for the Sixth Circuit · 1905
- Crews v. Texas & P. Ry. Co.Court of Appeals of Texas · 1941
- Katahdin Pulp & Paper Co. v. PeltomaaCourt of Appeals for the First Circuit · 1907
- Volk v. B. F. Sturtevant Co.Court of Appeals for the First Circuit · 1900
1 more not listed; retrieve them via the Exa API.