Legal Opinion

Carolina, C. & O. Ry. Co. v. Stroup

Court of Appeals for the Sixth Circuit

Decided February 6, 1917No. 2899PublishedCited by 4 opinions

In Error to the District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action by George W. Stroup, by next friend, Mary Stroup, against the Carolina, Clinchfield & Ohio Railway Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WARRINGTON, Circuit Judge.

This was an action to recover damages for personal injuries sustained through alleged negligence of the railway company. The action was brought and concededly was maintainable under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [Comp. St. 1913, §§ 8657-8665]); and the plaintiff below recovered verdict and judgment for $2,500. The evidence is embodied in the record, though the court’s charge to the jury is not. At the'close of all the evidence the railroad presented motion to direct a verdict in its favor; this motion and also a motion…

2Cases cited5 opinions

  1. Toledo, St. L. & W. R. v. HoweCourt of Appeals for the Sixth Circuit · 1911
  2. Cincinnati, N. O. & T. P. Ry. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1912
  3. Marbury v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1910
  4. Leonard Martin Const. Co. v. HighbargerCourt of Appeals for the Sixth Circuit · 1909
  5. Meers v. ChildersCourt of Appeals for the Sixth Circuit · 1916

3Cited by4 opinions

  1. Thomas v. Southern Pacific Co.California Court of Appeal · 1931
  2. Leahy v. Detroit, M. & T. Short Line Ry.Court of Appeals for the Sixth Circuit · 1917
  3. DETROIT, T. & IR CO. v. YeleyCourt of Appeals for the Sixth Circuit · 1947
  4. DETROIT, T. & IR CO. v. YeleyCourt of Appeals for the Sixth Circuit · 1947

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