Legal Opinion

Devaney v. Atchison, Topeka & Santa Fe Railway Co.

California Supreme Court

Decided December 1, 1933No. Docket No. L.A. 14147PublishedCited by 5 opinions

1Opinion of the Court

THE COURT.

The plaintiff brought the present action to recover damages on account of personal injuries sustained by him while acting as a brakeman in the employ of the defendant. It is conceded that at the time the defendant was operating in interstate commerce. The plaintiff recovered a verdict of $35,000. From a judgment entered thereon the defendant appeals.

On the morning of October 30, 1928, the plaintiff and other members of a crew were engaged in switching operations in the defendant’s yards at Barstow, California. At the time of the injury the crew was engaged in attempting to cut off…

2Cases cited36 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  3. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
  4. Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
  5. Chicago, Burlington & Quincy Railway Co. v. United StatesSupreme Court of the United States · 1911

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3Cited by5 opinions

  1. Kerr Land & Timber Co. v. EmmersonCalifornia Court of Appeal · 1965
  2. Central of Georgia Railroad v. CarterCourt of Appeals of Georgia · 1994
  3. Karberg v. Southern Pacific Co.California Court of Appeal · 1935
  4. Spencer v. Beadle Steamship Co.California Supreme Court · 1935
  5. Wilken v. New York Centeal RailroadMichigan Supreme Court · 1936

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