Legal Opinion
Moss v. Pennsylvania R.
Court of Appeals for the Seventh Circuit
Decided January 3, 1945No. 8549PublishedCited by 13 opinions
1Opinion of the Court
EVANS, Circuit Judge.
We approach the case on the hypothesis that where the sufficiency of the evidence to support the verdict is the only controverted issue, only evidence most favorable to plaintiff will be considered. Likewise narrowing the fact study is our acceptance of plaintiff’s evidence as sufficient to establish her charge of negligence on defendant’s part.1
Thus narrowed, our only inquiry is one of contributory negligence.
The accident occurred about 3 P.M., December 6, 1941, on a somewhat dark, but stormless day. The deceased drove his automobile along the Austin highway from the…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Flannelly v. Delaware & Hudson Co.Supreme Court of the United States · 1912
- Hartl v. Chicago, M., St. P. & P. R. CO.Court of Appeals for the Seventh Circuit · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- DETROIT, T. & IR CO. v. YeleyCourt of Appeals for the Sixth Circuit · 1947
- Pearson v. Baltimore & Ohio R. Co.Court of Appeals for the Seventh Circuit · 1953
- Colas v. GrzegorekCourt of Appeals for the Seventh Circuit · 1953
- Johnson v. Baltimore & Ohio RailroadDistrict Court, N.D. Indiana · 1974
- John McVicker and George F. Alger Company, Intervenor v. Chesapeake and Ohio Railway CompanyCourt of Appeals for the Sixth Circuit · 1962
8 more not listed; retrieve them via the Exa API.