Bryson v. Hines
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E- Boyd, Judge. Separate actions by A. H. Bryson, as administrator of Walter C. Bryson, deceased, and by Emma C. Swann, as administratrix of Philetus C. Swann, deceased, against Walker D. Hines, Director General of Railroads, and the Atlantic Coast Dine Railroad Company, tried together by consent.
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In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E- Boyd, Judge. Separate actions by A. H. Bryson, as administrator of Walter C. Bryson, deceased, and by Emma C. Swann, as administratrix of Philetus C. Swann, deceased, against Walker D. Hines, Director General of Railroads, and the Atlantic Coast Dine Railroad Company, tried together by consent. Judgment for defendants on directed verdict, and plaintiffs bring error.
1Opinion of the Court
WOODS, Circuit Judge.
On May 10, 1918, Walter C. Bryson and Philetus C. Swann, soldiers of Company A, 321st Regiment of Infantry, were killed in Camp Jackson Military Reservation by derailment of a train on which they were being transported under military orders. In separate actions for damages, tried together by consent, their administrators charge that the proximate cause of die derailment' was negligence of the Atlantic Coast Line Railroad Company and the Director General of Railroads.
There was abundant evidence of acts of negligence alleged in the complaints, but the District Court…
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