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LOUISVILLE & NASHVILLE R.R. CO. v. PARKER

No. 330.

242 U.S. 13 (1916)

37 S.Ct. 4

61 L.Ed. 119

LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. PARKER, ADMINISTRATOR OF PARKER.

Supreme Court of United States.

Decided November 13, 1916.

Attorney(s) appearing for the Case

Mr. Benjamin D. Warfield for plaintiff in error.

Mr. Edward C. O'Rear, with whom Mr. J.M. Robsion and Mr. B.G. Williams were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

The plaintiff's intestate was a fireman upon a switching engine which was moving upon a switch track. A caboose stood upon the main track so near to where the engine moved that the deceased struck it and was killed. His administrator brought this action against the Railroad, the plaintiff in error, for causing the intestate's death and got a verdict which, it is admitted, cannot be sustained if the deceased was...

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