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,…
1DissentHough, Circuit Judge
Not only did the learned trial judge refuse the request copied in the opinion of the court, but added, apparently within the hearing of the jury, “[ think there is no question here of the assumption of risk, so I will decline any charge on assumption of risk.” After this ruling he did charge such of defendant’s requests as plaintiff had no objection to.
To hold with the plaintiff that there wa.s no question of assumption in the case, and then charge only what the plaintiff did not object to, cannot in my judgment be called a ruling conformable to Anzolotti v. McAdoo (D. C.) 262 Fed. 568.
*92The…
2Cases cited1 opinion
- Anzolotti v. McAdooDistrict Court, S.D. New York · 1919