Legal Opinion
Tompkins v. Erie R. Co.
Court of Appeals for the Second Circuit
Decided June 7, 1937No. 307PublishedCited by 6 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This action was brought to recover damages for personal injuries sustained by the plaintiff when hit by a moving freight train as he was walking along the defendant’s right of way. At the conclusion of the evidence the defendant moved to dismiss for failure of proof of actionable negligexice on the part of the defendant and for affirmative proof of contributory negligence on the part of the plaintiff. A denial of this motion is the error chiefly relied upon for reversal of the plaintiff’s judgment.
The accident happened about 2:30 a. m. on July 27, 1934, as the plaintiff…
2Cases cited28 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Di Carlo v. United StatesCourt of Appeals for the Second Circuit · 1925
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. HarveySupreme Court of the United States · 1913
23 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Gabriel Felice v. The Long Island Railroad CompanyCourt of Appeals for the Second Circuit · 1970
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Tompkins v. Erie R. Co.Court of Appeals for the Second Circuit · 1938
- Johnson v. Texas & Pac. Ry. Co.Court of Appeals of Texas · 1938
1 more not listed; retrieve them via the Exa API.