New York, C. & St. L. R. v. Niebel
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; John M. Killits, Judge. Action by Emma Niebel, administratrix of Charles N. Niebel, deceased, against the New York, Chicago & St. Louis Railroad 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; John M. Killits, Judge. Action by Emma Niebel, administratrix of Charles N. Niebel, deceased, against the New York, Chicago & St. Louis Railroad Company. Judgment for plaintiff, and defendant brings error. The deceased, Niebel, was rear brakeman and flagman on» a freight train going east, on the night of November IS, 1911. Gulick was engineer of a freight following 10 minutes behind. Both trains were under a common order to take the passing track at Ashtabula and there meet an…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The jury was instructed that, as matter of law, upon the trial record, Niebel was guilty of contributory negligence; but that, under the Em*957ployers’ Liability Act, his negligence and that of the railroad (if any) through other employés should be compared, and, if the other negligence was greater than his, a verdict should be rendered for plaintiff; the total actual damages being diminished in proportion to the relative negligence of the two parties. Since the case was tried, the Supreme Court, in Norfolk Co. v. Earnest, 229 U. S. 114, 121, 122, 33 Sup.…
2Cases cited9 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Hansen v. BoydSupreme Court of the United States · 1896
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3Cited by3 opinions
- Union Trust Co. of Pittsburgh, PA. v. JonesCourt of Appeals for the Fourth Circuit · 1926
- Granite Brick Co. v. TitusCourt of Appeals for the Fourth Circuit · 1915
- Bethea v. AllenSupreme Court of South Carolina · 1935