Legal Opinion

Central R. v. Peluso

Court of Appeals for the Second Circuit

Decided January 2, 1923No. 104PublishedCited by 29 opinions

1Opinion of the CourtMayer, Circuit Judge

(after stating the facts as above). The verdict of the jury must be regarded as having settled certain essential facts fully disclosed by the testimony, i. e.: (1) That the complete break in the center of the boom caused the crane to overturn and thus carry Peluso to his death by drowning; (2) that the side of the coal car was not caught by the lips of the bucket; and (3) that Peluso did not do anything which contributed directly or indirectly to the chain of events which ended with his death.

Thus the complete break in the center of the boom was the proximate cause of death. That this break…

2Cases cited22 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Sweeney v. ErvingSupreme Court of the United States · 1913
  3. Griffen v. . ManiceNew York Court of Appeals · 1901
  4. New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
  5. Looney v. Metropolitan RailroadSupreme Court of the United States · 1906

17 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Lukon v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1942
  2. Baltimore & O. R. Co. v. KastCourt of Appeals for the Sixth Circuit · 1924
  3. The RamblerCourt of Appeals for the Second Circuit · 1923
  4. Whitaker v. PitcairnSupreme Court of Missouri · 1943
  5. Cantley v. Missouri-Kansas-Texas Railroad Co.Supreme Court of Missouri · 1944

24 more not listed; retrieve them via the Exa API.

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