UNITED STATES EX REL. MOBLEY
v.
HANDY, COMMANDING OFFICER

U.S. | 1950-01-16
No. 430
338 U.S. 945 Supreme Court of the United States (1950) Positive Treatment
Cited by 1 case

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    …the brake was defective”. In the Carter [*493] case, the Affolder case, Myers v. Reading Co., 1946, 331 U.S. 477, 67 S.Ct. 1334, 91 L.Ed. 1615, and O’Donnell v. Elgin, J. & E. Ry. Co., 1949, 338 U.S. 384, 70 S.Ct. 200, 94 L.Ed. 187, rehearing denied 338 U.S. 945, 70 S.Ct. 427, 94 L.Ed. 583, the Supreme Court in effect imposed on the trial judge the duty of instructing the jury that the failure of equipment to function is in itself actionable wrong, for the proximate result of which there is liability. Under…

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