Pennsylvania Co. v. Sheeley
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William E. Day, Judge. Action by Bert C. Sheeley against the Pennsylvania Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William E. Day, Judge. Action by Bert C. Sheeley against the Pennsylvania Company. Judgment for plaintiff, and defendant brings error. The instruction on the subject of proportioning damages was as follows : ‘•However, if you should find the defendant company negligent, and you find Sheeley also guilty of negligence contributing to his injury, and his negligence is hiss than that of the negligence of the defendant company, then, instead of his contributory negligence being a bar to…
1Opinion of the Court
DENISON, Circuit Judge.
Sheeley was a locomotive fireman. His engineer disregarded cautionary and stop signals, and ran into a train standing on the track. The engineer was killed and Sheeley injured. He brought this suit under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1913, §§ 8657-8665]), counting on the engineer’s negligence, and recovered verdict and judgment of $6,500. There was clearly evidence tending to show negligence by the engineer, and the verdict establishes that fact. The substantial question is regarding the effect of Sheeley’s…
2Cases cited7 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- Prettyman v. United StatesCourt of Appeals for the Sixth Circuit · 1910
- Coney Island Co. v. DennanCourt of Appeals for the Sixth Circuit · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kelley v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1919
- Herring v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1943
- B. F. Sturtevant Co. v. Champion Fibre Co.Court of Appeals for the Sixth Circuit · 1916
- Parker v. ElginCourt of Appeals for the Sixth Circuit · 1925
- Smith v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1919
2 more not listed; retrieve them via the Exa API.