Gray v. Davis
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of New Hampshire; John A. Peters, Judge. ' Action by Leah M. Gray, administratrix of the estate of Glen E. Gray, deceased, against James C. Davis, Director General of Railroads. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
ANDERSON, Circuit Judge.
This was an action to recover for the death of Glen E. Gray on October 13, 1919, at Lunenburg, Vt. Gray was head brakeman on one of the defendants freight trains, running from Bartlett, N. H., to St. Johnsbury, Vt. At the trial the defendant offered no evidence, and at the close of all the evidence its motion for a directed verdict was allowed on one or all of three grounds:(1) No evidence of negligence.(2) Risk assumed.(3) Cause of the accident merely speculative and conjectural.
[1, 2] It is plain that there was no assumption of risk. The other two grounds require a…
2Cases cited6 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- De Bearn v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1914
- Myers v. Pittsburgh Coal Co.Supreme Court of the United States · 1914
- Union Pacific Railroad v. HuxollSupreme Court of the United States · 1918
- Taber v. DavisCourt of Appeals for the Second Circuit · 1922
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3Cited by11 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Ford v. United StatesCourt of Appeals for the First Circuit · 1930
- United States v. GodfreyCourt of Appeals for the First Circuit · 1931
- United States v. LawsonCourt of Appeals for the Ninth Circuit · 1931
- Keeler v. Fred T. Ley & Co.Court of Appeals for the First Circuit · 1931
6 more not listed; retrieve them via the Exa API.