Erie R. v. Gallagher
Court of Appeals for the Second Circuit
■In Error to the District Court of the United States for the Southern District of New York. Action at law by Mary J. Gallagher, administratrix of Charles G. Gallagher, deceased, against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York.
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■In Error to the District Court of the United States for the Southern District of New York. Action at law by Mary J. Gallagher, administratrix of Charles G. Gallagher, deceased, against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. This is an action brought by defendant in error who was plaintiff below, and is hereinafter called plaintiff, to recover damages in the sum of $40,000 for causing the death of Charles Gallagher. The action is brought…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The able and experienced judge who presided at the trial of this case instructed *815the jury very fully in a carefully prepared charge which covers 18 printed pages in the transcript of the record. The jury has given the plaintiff a verdict which is moderate in amount. Nevertheless we think it necessary to send this case back for a new trial.
The negligence with which the defendant is charged consists in two alleged omissions:
1. Failure to warn the deceased of the sudden release of the. float from the bridge.
2. Failure to furnish sufficient light to enable the…
2Cases cited4 opinions
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- Deserant v. Cerillos Coal RailroadSupreme Court of the United States · 1900
- Buckeye Cotton Oil Co. v. SloanCourt of Appeals for the Sixth Circuit · 1918
- Chicago, St. P., M. & O. Ry. Co. v. KroloffCourt of Appeals for the Eighth Circuit · 1914
3Cited by8 opinions
- Parker v. GordonCourt of Appeals for the First Circuit · 1949
- Stephenson v. Grand Trunk Western R. Co.Court of Appeals for the Seventh Circuit · 1940
- Christian v. Boston & M. R. R.Court of Appeals for the Second Circuit · 1940
- Chicago, South Shore & South Bend Railroad v. PachecoIndiana Court of Appeals · 1932
- Southern Railway Company v. Mrs. Opal ShealeyCourt of Appeals for the Fifth Circuit · 1967
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