Hines v. Smith
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Northern Division of the Southern District of Illinois. Action by Feme Smith, administratrix of the estate of Earl Glen Smith, deceased, against Walker D. Hines. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Northern Division of the Southern District of Illinois. Action by Feme Smith, administratrix of the estate of Earl Glen Smith, deceased, against Walker D. Hines. Judgment for plaintiff, and defendant brings error. Plaintiff brought this action against defendant (plaintiff in error here) to recover damages resulting from the death of Earl Smith while engaged as a fireman on the Cleveland, Cincinnati, Chicago & St. Eouis Railroad. The trial resulted in a verdict and judgment in her favor for $17,500 and costs, from which judgment this…
1Opinion of the Court
EVAN A. EVANS, Circuit Judge.
Affirmance depends upon the application of the Boiler Inspection Act to the facts disclosed upon the trial. Assignments of error directed to the rulings on evidence, the charge to the jury, and the refusal to give requested instructions, as well as the motions for nonsuit and directed verdict, all assume, in part at least, the nonapplication of this act. This Boiler Inspection Act, as originally enacted, provided:
“See. 2. From and after the first day of July, nineteen hundred and eleven, it shall be unlawful for any common carrier, its officers or agents, subject…
2Cases cited3 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Western Railway Co. v. LindsaySupreme Court of the United States · 1914
- Great Northern Railway Co. v. DonaldsonSupreme Court of the United States · 1918
3Cited by14 opinions
- Herold v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1985
- Montague v. Electronic Corporation of AmericaDistrict Court, S.D. New York · 1948
- Frye v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1923
- Atlantic Coast Line Railroad v. ClementsSupreme Court of Virginia · 1946
- Fryer v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1933
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