McCann v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Seventh Circuit
! In Error to the Circuit Court of the United States for the Northern , District of Illinois. Action by Marquis H. McCann against the Chicago, Milwaukee & ’ St. Paul Eailway 'Company. The case was taken from the jury, and a verdict directed for defendant, and plaintiff brings error.
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! In Error to the Circuit Court of the United States for the Northern , District of Illinois. Action by Marquis H. McCann against the Chicago, Milwaukee & ’ St. Paul Eailway 'Company. The case was taken from the jury, and a verdict directed for defendant, and plaintiff brings error. This action is for a personal injury sustained by the plaintiff in error (plaintiff below.), caused by being struck by a train of cars while standing at a crossing on Leavitt street, in the city of Chicago, waiting to board a train on '■the Pittsburg, Cincinnati, Chicago & St. Louis Eailroad on December 13, 1897,…
1Opinion of the Court
Upon the foregoing statement of the facts, BUNN, District Judge, delivered the opinion of the court.
The facts are mainly conceded. The case rests upon the plaintiff’s testimony as given in the statement of facts. There is a material conflict in the testimony as to which coach struck the plaintiff; three witnesses on the part of the defendant testifying that he was not struck by a coach of the defendant’s train, but was struck by a coach of the Pan Handle train. But that is quite immaterial according to the view we have taken of the case. We think, upon the plaintiff’s own statement of his…
2Cases cited15 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
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3Cited by4 opinions
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Chicago, R. I. & P. Ry. Co. v. SteppCourt of Appeals for the Eighth Circuit · 1908
- Erie R. v. SchultzCourt of Appeals for the Sixth Circuit · 1909
- Mobile & O. R. v. CoerverCourt of Appeals for the Seventh Circuit · 1902