Lehigh Valley R. v. Mangan
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Beatrice Mangan, as administratrix, etc., of Thomas Man-gan, deceased, against the Lehigh Valley Railroad Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below, and is hereinafter referred to as defendant. The defendant in error was the plaintiff below, and is hereinafter referred to as plaintiff.
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In Error to the District Court of the United States for the Southern District of New York. Action by Beatrice Mangan, as administratrix, etc., of Thomas Man-gan, deceased, against the Lehigh Valley Railroad Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below, and is hereinafter referred to as defendant. The defendant in error was the plaintiff below, and is hereinafter referred to as plaintiff. The plaintiff brought this action as the ad-ministratrix of her deceased husband, suing, on behalf of herself as widow and her three infant children,…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). Tlje defendant claims that an error was committed in leaving it to the jury to find whether the engine on the west-bound track in passing the freight train blew its whistle or rang its bell. It is said that there was no such conflict of testimony as warranted the submission of any question to the jury. In calling attention to the testimony as to the blowing of the whistle, the District Judge told the jury that, putting himself'in their place, he thought he should conclude that the whistle was in fact blown. He added:
“I can see no reason to discredit tbe…
2Cases cited5 opinions
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Erie Railroad v. PuruckerSupreme Court of the United States · 1917
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Stitt v. HuidekopersSupreme Court of the United States · 1873
- Foley v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
3Cited by19 opinions
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- Pacheco v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1926
- Chicago & E. I. Ry. Co. v. SellarsCourt of Appeals for the Eighth Circuit · 1925
- Oklahoma Union Ry. Co. v. HoukSupreme Court of Oklahoma · 1924
- Union Pac. R. v. BurnhamCourt of Appeals for the Tenth Circuit · 1941
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