Fitchburg R. v. Nichols
Court of Appeals for the First Circuit
In Error to the Circuit Court of tlie United States for the District of Massachusetts. This was an action at law by Roswell C. Nichols against the Fitch-burg Railroad Company to recover damages for personal injuries received by him while in charge of cattle on a train. In the circuit court a verdict and judgment were rendered for the plaintiff, anil the defendant sued out this writ of error.
1Opinion of the Court
PUTNAM, Circuit Judge.
This is an action to recover damages for personal injuries received by the defendant in error, Nichols, while traveling on a cattle train as a drover in charge of stock on ihe irain. The declaration contains three counts for the same cause of action, in each of which it is alleged that Nichols, “while in the exercise,of due care,” was injured, etc. When the train arrived at a. station known as “Baldwinsville,” it, stopped for water. This was I aken from a spout between the tracks. The spout swung on a pivot, so that when not in use, and in its proper place, it was…
2Cases cited14 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- The Steamboat New World v. KingSupreme Court of the United States · 1854
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3Cited by7 opinions
- Lake Shore & Michigan Southern Railway Co. v. TeetersIndiana Supreme Court · 1906
- Wintrobe v. HartCourt of Appeals of Maryland · 1940
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- Whitney v. New York, N. H. & H. R.Court of Appeals for the First Circuit · 1900
- Tripp v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1917
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