Erie R. v. Schmidt

Citations

• 225 F. 513
• 140 C.C.A. 655
• 1915 U.S. App. LEXIS 2123

Syllabus

<p>1. Co anís €=v>347 — Pleadings — Amendments — Statutory Provisions—¡ St via and Federal Statutes.</p> <p>Allowance of amendments to pleadings is governed by Rev. St. § 954 (Comp. St. 1913, § 1591), authorizing amendments, and not by state practice act.</p> <p>[Ed. Noto.—For other caaes, see Courts, Cent. Dig. § 921; Dec. Dig. <J=»3-17.</p> <p>Federal courts following state practice, see notes to O’Connell v.- Reed, 5 O. C. A. 594; Nederland Life Ins. Co. v. Hill, 27 C. C. A. 392.]</p> <p>2. Appeal and Error <§=>1041—Allowance of Amendments—Harmless Error.</p> <p>Where the trial of an action for the death of a person struck by a train proceeded without objection on the theory that the decedent was at the time of the accident a traveler on the highway, though the statement originally filed alleged that decedent was at that time a passenger, the allowance of an amendment to the statement to conform to the proof was not prejudicial to the railroad company, prepared to meet the question of negligent failure to give statutory signals to decedent as a traveler, relied on as a basis for recovery.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4100-4109; Dec. Dig. <®=>1041.]</p> <p>3. Appeal and Error <®s3Í002—Conflicting Evidence—Question for Jury —Verdict.</p> <p>A verdict that a railroad company operated a train killing a pedestrian without giving the statutory signals, sustained by the testimony of four witnesses that they did not hear the statutory signals, though in such a position that the jury might reasonably believe that the signals would not have escaped notice, if given, but opposed to much testimony, is conclusive on ihe court on appeal, unable to say that the trial judge would have been justified in directing the jury to disregard the testimony of the four witnesses.</p> <p>[Ed. Note.—-For other cases, see Appeal and Error, Cent. Dig. §§ 3935-3937; Dec. Dig. <®=>X002.]</p> <p>4. Railroads <s=o350—Injuries to Pedestrian on Track—Contri