Baltimore & O. R. v. O'Neill
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by James O’Neill, by his next friend, Daniel O’Neill, against the Baltimore & Ohio Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
The defendant in error (hereinafter called the “plaintiff”) was struck-and injured by a freight engine while walking across defendant’s railroad track at the Cla}' street crossing in Niles, Ohio. Several grounds of negligence were charged, the most prominent being .the alleged lack of headlight upon the engine, the failure to give warning of the train’s approach by bell or whistle, and the fact that the electric gong at the Clay street crossing was out of commission. The accident happened at about 9:30 o’clock in the evening. There was evidence that the night was dark…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. CodySupreme Court of the United States · 1897
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Pennsylvania Co. v. WhitneyCourt of Appeals for the Sixth Circuit · 1909
- Lonis v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1897
- Crane v. Michigan Central RailroadMichigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nichols v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Louisville & N. R. v. BellCourt of Appeals for the Sixth Circuit · 1913
- Rotter v. Detroit United RailwayMichigan Supreme Court · 1919
- Grand Trunk Western Ry. Co. v. HeatlieCourt of Appeals for the Sixth Circuit · 1931
11 more not listed; retrieve them via the Exa API.