Smith v. Payne
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the District of New Jersey; Lynch, Judge. At law. Action by Robert Smith, administrator of Peter Bogdan against John Barton Payne, Director General of Railroads. Judgment for defendant and plaintiff brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
Bogdan was run down and killed by a train of the Erie Railroad Company on its main line of tracks in Jersey City, within yard limits. In this action his administrator charged the defendant with negligence in operating the train by an engine without a headlight and without giving “reasonable, and the usual and customary notice and warning” by bell or whistle. The trial court entered judgment of non-suit without giving its reasons. By this writ of error the plaintiff brings the judgment here, presenting for review all the grounds on which the defendant based his motions…
2Cases cited18 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
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3Cited by9 opinions
- Lehigh Valley R. v. DoktorCourt of Appeals for the Third Circuit · 1923
- Krysiak v. Pennsylvania R.Court of Appeals for the Third Circuit · 1921
- Davis v. CraneCourt of Appeals for the Eighth Circuit · 1926
- Baltimore & O. R. v. RobertsonCourt of Appeals for the Sixth Circuit · 1924
- Cross v. Spokane, Portland & Seattle Railway Co.Washington Supreme Court · 1930
4 more not listed; retrieve them via the Exa API.