Illinois Cent. R. v. Hart
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by Robert Lee Hart against the Illinois Central Railroad Company. Judgment for plaintiff, and defendant brings error. The defendant in error (plaintiff below, and hereafter called the plaintiff) recovered verdict and judgment against the plaintiff in error, as' defendant below,'on account of personal injuries suffered by the plaintiff.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by Robert Lee Hart against the Illinois Central Railroad Company. Judgment for plaintiff, and defendant brings error. The defendant in error (plaintiff below, and hereafter called the plaintiff) recovered verdict and judgment against the plaintiff in error, as' defendant below,'on account of personal injuries suffered by the plaintiff. The case was heard upon the following statement of facts, agreed upon between counsel at the trial: “On the 17th of September, 1907, Robert Dee Hart, the plaintiff,…
1Opinion of the CourtKnappen, District Judge
(after stating the facts as above). It is contended on plaintiff’s behalf that the court rightly directed a verdict for the plaintiff, upon the ground, first, that the baggageman, in so throwing or kicking the ice off the train, was acting, not in the performance of his duties as baggageman, but “merely doing what íhe master himself had planned and directed him to do,” it being shown, as insisted, that it was the custom of the railroad company to have this ice so distributed by putting the same off rapidly moving trains, and that the act in question was thus “in accordance with a fixed…
2Cases cited29 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- New England Railroad v. ConroySupreme Court of the United States · 1899
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
24 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- Law v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1913
- Union Pac. R. v. MaroneCourt of Appeals for the Eighth Circuit · 1917
- Wabash Ry. Co. v. WalczakCourt of Appeals for the Sixth Circuit · 1931
- Dayton Coal & Iron Co. v. DoddCourt of Appeals for the Sixth Circuit · 1911
6 more not listed; retrieve them via the Exa API.