Kane v. Northern Central Railway Co.
Supreme Court of the United States
EEEOE TO THE CIRCUIT COUET OF THE UNITED STATES FOE THE BASTEEN DISTRICT OF PENNSYLVANIA. ■ This was an action to recover damages for personal injuries sustained by the plaintiff while in the discharge of his duties as an employé of the Northern Central Railway Company.' It Avas based upon the alleged negligence of the company in not proAdding suitable and safe appliances for the cars on which the plaintiff was assigned for duty.
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EEEOE TO THE CIRCUIT COUET OF THE UNITED STATES FOE THE BASTEEN DISTRICT OF PENNSYLVANIA. ■ This was an action to recover damages for personal injuries sustained by the plaintiff while in the discharge of his duties as an employé of the Northern Central Railway Company.' It Avas based upon the alleged negligence of the company in not proAdding suitable and safe appliances for the cars on which the plaintiff was assigned for duty. At the conclusion of the evidence introduced in his behalf the court directed a verdict for the company. It -was in evidence that at midnight, in the month of…
1Opinion of the Court
Me. Justice Haelan,
after stating the case as above reported, delivered the opinion of the court.. The Circuit Court proceeded upon the ground that contributory negligence upon the part of the plaintiff was so conclusively established, that it would have been compelled, in the exercise of a sound judicial discretion, to set aside any verdict returned in his favor. If the evidence, giving the plaintiff the benefit of every inference to be fairly .drawn from it, sustained this view, then the direction to find for the defendant was proper. Phoenix Insurance Co. v. Doster, 106 U. S. 30, 32;…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
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- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
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