Legal Opinion

Payne v. Colvin

Court of Appeals for the Seventh Circuit

Decided June 24, 1921No. 2886PublishedCited by 7 opinions

In Error to the District Court of the United States for the Eastern District of Wisconsin. Action by Edward O. Colvin against John Barton Payne, as Director General of Railroads. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

BAKER, Circuit Judge.

Colvin, plaintiff in the trial court, recovered judgment for personal injuries sustained while performing interstate service for an interstate railroad company.

His action was based on the federal Employers’ Liability Act (Comp. St. §§ 8657-8665), and he pleaded that his injury was caused by the company’s failure to maintain automatic couplers as required by the federal Safety Appliance Act (Comp. St. §§ 8605-8612) and also by the engineer’s failure to obey his stop signal.

Colvin was a brakeman; the engine, with several cars attached, was backing toward a standing baggage…

2Cases cited1 opinion

  1. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904

3Cited by7 opinions

  1. United Transportation Union v. Drew Lewis, Secretary of TransportationCourt of Appeals for the D.C. Circuit · 1983
  2. Hood v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1924
  3. Maher v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1921
  4. St. Louis Southwestern Ry. Co. v. PyronCourt of Appeals of Texas · 1925
  5. Weekly v. Baltimore & O. R. Co.Court of Appeals for the Sixth Circuit · 1925

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