Dunlap v. Northern R. Co.
130 U.S. 649 (1969)

Annotate this Case

U.S. Supreme Court

Dunlap v. Northern R. Co., 130 U.S. 649 (1889)

Dunlap v. Northern Railroad Company

No. 256

Argued April 17, 1889

Decided Hay 13, 1889

130 U.S. 649

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

When, in an action brought by an employee of a railroad company to recover damages for injuries caused by the negligence of other employer, the defense of contributory negligence is set up, the plaintiff is entitled to have the question submitted to the jury unless no recovery could be had upon any view which could be properly taken of the facts which the evidence tended to establish.

This Court will not, by a technical construction of an obscure record, preclude itself from correcting an error committed in the trial below if a construction can be given to it which will give jurisdiction.

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