Melville Fuller

“ It is not for us to inquire why writs of error to circuit courts of appeals in actions for damages for negligence of railroad corporations should be allowed simply because the cop orations are chartered under the laws of the United States, in a statute whose object was to relieve an overburdened court, since such is the effect of the statute according to its plain language. ”

“ The railway company moved that the jury be instructed that, upon the evidence, the release was a complete bar to the action, which instruction the court declined to give, and defendant excepted; but, as there was evidence tending to sustain plaintiff's contention in relation to the validity of the release, the instruction was properly refused. ”

“ In other words, the railway company, as to its passengers, is bound to keep its track clear from obstructions of this kind, to see that the cars which it uses on side tracks are secured in place, so that they will not come upon the track to overthrow any train that may come along; and there seems to be no question but that the car in which plaintiff was riding was overthrown by the freight car coming down from the switch or side track, and onto the main track, in collision with the cars of the train which carried the plaintiff.'
To the giving of these instructions defendant excepted. ”