Legal Opinion

Southern Ry. Co. v. McGuin

Court of Appeals for the Fourth Circuit

Decided February 20, 1917No. 1453PublishedCited by 15 opinions

In Erjror to the District Court of the United States for the Eastern District of Virginia, at Alexandria; Edmund Waddill, Jr., Judge. Action by Virginia McGuin, as administratrix of Charles McGuin, deceased, against the Southern Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WOODS, Circuit Judge.

Charles McGuin, a section man, was struck and killed by one of the defendant’s locomotives on January 22, 1912. In this action under the federal Employers’ Liability Act, his administratrix recovered a verdict for $3,000 for the benefit of his wife and children.

[1] The first position taken is that the jury should have been directed to find a verdict for the defendant, because the only reasonable inferences to be drawn from the evidence were: (1) McGuin was not engaged in interstate commerce at the time of the accident. (2) His death was due to his own negligence without…

2Cases cited3 opinions

  1. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  2. Belt Railway Co. v. SkszypczakIllinois Supreme Court · 1907
  3. Southern Ry. Co. v. CookCourt of Appeals for the Fourth Circuit · 1915

3Cited by15 opinions

  1. Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
  2. Mahan v. Missouri Pacific RailroadMissouri Court of Appeals · 1988
  3. Kurn v. WeaverCourt of Appeals of Tennessee · 1940
  4. Pipal v. Grand Trunk Western Railway Co.Illinois Supreme Court · 1930
  5. Coons v. Louisville & Nashville R.Court of Appeals of Kentucky · 1919

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