Crosby v. Lehigh Valley R. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Western District of New York, upon a verdict directed in favor of defendant in error, who was defendant below.
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In Error to the Circuit Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Western District of New York, upon a verdict directed in favor of defendant in error, who was defendant below. The action was brought to recover damages for the death of Peter W. Putnam, fireman on a passenger train of the defendant, who was killed in a head-on collision with another passenger train near Rochester, N. Y.
1Opinion of the Court
LACOMBE, Circuit Judge.
There is no conflict of evidence, the facts in the case having been stipulated. The complaint alleged that the accident was caused solely by the negligence of pne De Lavergne, conductor of the train with which Putnam’s train collided, who, “as such conductor, and in the absence of the superintendent of said railroad line, was acting as superintendent, with the authority and consent of the defendant, of ¿ certain train of cars”; and that he was negligent “while acting as such superintendent.”. The railroad of defendant from Rochester to Honeoye Falls was operated as a…
2Cases cited9 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Central Railroad Company v. KeeganSupreme Court of the United States · 1895
- Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
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3Cited by1 opinion
- McDonnell v. Oceanic Steam Navigation Co.Court of Appeals for the Second Circuit · 1906