Legal Opinion
The Texas and Pacific Railway Company v. Edward E. Jones
Court of Appeals for the Fifth Circuit
Decided January 12, 1962No. 19119PublishedCited by 9 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This FELA 1 case raises but two questions of any real substance. The first concerns the sufficiency of the evidence to support the implied finding of a failure to keep a proper lookout. The second is whether the Court properly charged the jury concerning the basic defense that Jones, the injured employee, was a mere volunteer not acting in the scope of his employment at the time of his injury. We find no error and affirm.
Admittedly, at the time of his injury, Jones was not performing his customary job. He was, in an everyday sense, acting as a volunteer in doing…
2Cases cited16 opinions
- Quercia v. United StatesSupreme Court of the United States · 1933
- Starr v. United StatesSupreme Court of the United States · 1894
- Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
- Hull v. Philadelphia & Reading Railway Co.Supreme Court of the United States · 1920
- United States v. RaubCourt of Appeals for the Seventh Circuit · 1949
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Howard Little v. Charles F. GreenCourt of Appeals for the Fifth Circuit · 1970
- United States v. DensonCourt of Appeals for the First Circuit · 2012
- Pamela M. Fowler, Etc. v. Seaboard Coastline Railroad Co.Court of Appeals for the Fifth Circuit · 1981
- Smith v. Medical & Surgical Clinic Ass'nCourt of Appeals for the Fifth Circuit · 1997
- Backwater, Incorporated, Doing Business as Finke's, William Finke, and Ruth Finke v. Penn-American Insurance CompanyCourt of Appeals for the Seventh Circuit · 2006
4 more not listed; retrieve them via the Exa API.