Davis v. Schaefer

Decided December 22, 1921.)

Second Circuit Court of Appeals · decided 1921-12-22

<p>In Error to the District Court of the United States, for the Southern District of New York. Action by Jacob Schaefer, as administrator of Harry Schaefer, deceased, against James C. Davis, Director General of Railroads, as Agent, under section 206 of the Transportation Act of 1920 (41 Stat. 461). Judgment for plaintiff, and defendant brings error.</p>

1 counsel of record

Relies on Heller v. New York, N. H. & H. R.

Reversed, and new trial awarded · Opinion by (per_curiam) · Decided 1921-12-22

¶1In Error to the District Court of the United States, for the Southern District of New York. Action by Jacob Schaefer, as administrator of Harry Schaefer, deceased, against James C. Davis, Director General of Railroads, as Agent, under section 206 of the Transportation Act of 1920 (41 Stat. 461). Judgment for plaintiff, and defendant brings error.

¶2Reversed, and new trial awarded.

¶3John A. Gibbons, for plaintiff in error. Thomas J. O’Neill, of New York City (J. A. Goodwin and Leonard F. Fish, both of New York City, of counsel), for defendant in error.

¶4Before HOUGH, MANTON, and MAYER, Circuit Judges.

¶5PER CURIAM.

¶6This ease is indistinguishable from that of Heller v. New York, etc., Railroad Co. (C. C. A.) 265 Fed. 192, a decision rendered after the trial of this cause. Judgment reversed, and new trial awarded.