Legal Opinion

Jones v. New York, C. & St. L. R.

District Court, N.D. Ohio

Decided November 6, 1952No. Civ. No. 26691Published

1Opinion of the Court

McNAMEE, District Judge.

The sole issue in this case is whether plaintiff’s failure to look in the direction from which the train was approaching as he advanced from his stopping place 20 feet from the nearest rail, was a contributing proximate cause of his injuries.

The case was submitted to a jury and a verdict returned in favor of the plaintiff in the sum of $20,000. The verdict of the jury establishes that defendant did not give timely signals of the approach of the train to the crossing. The accident happened in Pennsylvania, and the issues are governed by the law of that state.

The…

2Cases cited11 opinions

  1. Morris v. Chicago, Milwaukee, St. Paul & Pacific RailroadWashington Supreme Court · 1939
  2. Kolich v. Monongahela Railway Co.Supreme Court of Pennsylvania · 1931
  3. Mills v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1925
  4. Rintala v. Duluth, Winnipeg & Pacific Railway Co.Supreme Court of Minnesota · 1924
  5. Provost v. Director General of RailroadsSupreme Court of Pennsylvania · 1920

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