Ft. Worth & D. Ry. Co. v. Prine’s Empirical Analysis
211 F.2d 697 · 1954
Citation profile
3
cited by 3 later decisions
May 1956
most recently cited
3 federal appellate ·
Relationships
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on Lavender v. Kurn · Tiller v. Atlantic Coast Line Railroad
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellant's mechanical theory that the boom could not have jerked appellee from five to seven feet is based not upon fact but upon the assumption that the safety chains would not permit the boom to swing more than two and one-half feet from the side of the car. On the basis of this premise it is argued that if the boom did in fact swing westward from either the center of the car or the car's westward edge it would in neither instance exert a pull because of the slack in the line. This theory is based on the expression of a witness' best opinion as to the amount of slack in the line which, after all, was only an estimate and not a statement of an absolute fact concerning which there can be no dispute so as to bring into play the doctrine of absolute physical facts. * * * There was in our view sufficient evidence to go to the jury on the question whether the defendant's roadmaster, Williams, did operate the rail loader in such a negligent manner as to cause appellee to be jerked to the ground by the boom rope. Indeed, there was positive evidence that the boom did jerk at times and since Prine did in some way get jerked to the ground it is plain enough that how he got there, and what caused it were issues of fact for the jury. Lavender v. Kurn, 327 U.S. 645 , 66 S.Ct. 740, 90 L.Ed. 916; Tiller v. Atlantic Coast Line R. Co., 318 U.S. 54 , 55, 63 S.Ct. 444, 87 L.Ed. 610.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
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