Legal Opinion

Union Pac. R. v. Marone

Court of Appeals for the Eighth Circuit

Decided October 26, 1917No. 4883PublishedCited by 16 opinions

In Error to the District Court of the United' States for the District of Nebraska; Joseph W. Woodrough, Judge. Action by Michael Marone against the Union Pacific Railroad Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

The plaintiff below, Mr. Marone, recovered a judgment against his master, Union Pacific Railroad Company, for an injury to his eye,, which he claimed was caused by the negligence of the company, and the company insists that the trial court erred, in that it failed to direct a verdict in its favor at the close of the trial. These were the facts: Marone was and had been for some time working for the company as a section man under John Anderson, the foreman of his gang. The company had made and put in force a rule that, “When cutting rails with a track chisel, those doing…

2Cases cited61 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Hough v. Railway Co.Supreme Court of the United States · 1880
  3. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  4. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  5. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893

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3Cited by16 opinions

  1. James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
  2. Hallstein v. Pennsylvania R. Co.Court of Appeals for the Sixth Circuit · 1929
  3. Wheelock v. FreiwaldCourt of Appeals for the Eighth Circuit · 1933
  4. Curran v. Union Stock Yards Co.Nebraska Supreme Court · 1923
  5. Fitzpatrick v. FowlerCourt of Appeals for the D.C. Circuit · 1948

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