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Civil Procedure Keyed to Yeazell
Pennsylvania Railroad v. Chamberlain
Citation:
288 U.S. 333 (1933)ProfessorTodd Berman
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Facts
Plaintiff sued Defendant alleging that Defendant negligently caused the death of a brakeman whose estate was being administrated by Plaintiff. Plaintiff claimed that employees of Defendant negligently caused a multicar collision, resulting in the brakeman being thrown from the car he was riding and run over by another car. Three witnesses testified that no collision occurred. Plaintiff’s witness testified that there was a collision. The witness did not personally observe the collision, but merely inferred from the circumstances that the crash occurred. The trial court directed the jury to find in favor of Defendant, and the court of appeals reversed. The United States Supreme Court granted certiorari.
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