Diamond Coal & Coke Co. v. Allen

Citations

• 137 F. 705
• 71 C.C.A. 107
• 1905 U.S. App. LEXIS 4188

Syllabus

<p>1, Federal Courts—Rules or Evidence—Testimony or Witness on Former Trial.</p> <p>Rev. St. §§ S63-867 [U. S. Comp. St. 1901, pp. 661-664], prescribe the modes of taking proof in actions at law in the courts of the United States to the exclusion of all others, and under such provisions the testimony of a witness given on a former trial of the same case cannot be read in evidence.</p> <p>2. Master and Servant—Injury to Servant—Evidence or Master’s Negligence.</p> <p>In an action to recover for the injury of plaintiff while working in a mine by the breaking of a draft chain which allowed a loaded car to run back down a grade upon him, evidence that there was a flaw on the inside of the broken link of the chain, which extended to one side, but would not be discoverable by inspection before the chain was broken, is not alone sufficient to charge the mining company with negligence, so as to warrant the submission of the case to the jury.</p> <p>[Ed. Note.—For cases in point, see vol. 34, Cent. Dig. Master and Servant, § 1003.]</p>