Chesapeake & O. Ry. Co. v. Steele
Court of Appeals for the Sixth Circuit
In Error to tlie Circuit Court of the United States for the District of Kentucky. Richard and John Steele, brotliers, were killed at a place where the public road crosses the Chesapeake & Ohio Railway at grade, by a collision with a fast-moving passenger train, while driving in a buggy across the railroad track.
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In Error to tlie Circuit Court of the United States for the District of Kentucky. Richard and John Steele, brotliers, were killed at a place where the public road crosses the Chesapeake & Ohio Railway at grade, by a collision with a fast-moving passenger train, while driving in a buggy across the railroad track. The administratrix of each brought suit against the railroad company ■for an alleged negligent killing, and these two suits, dependent on the same facts, were tried by the same jury, who found for each plaintiff a separate verdict. Proper judgments were rendered thereon, from which…
1Opinion of the CourtLtjrton, Circuit Judge
It has been most earnestly argued that the evidence tending to prove negligence in respect to the giving on this occasion of the usual and customary crossing signal was not such as required the submission of that question to the jury. If we confine our attention to the *96mere question as to whether any crossing signal was given, it must be admitted that the decided weight of proof was that such a signal was given. If, however, the evidence tending to show a neglect of such precaution amounted to something more than a mere scintilla, it was properly submitted to the jury, and a verdict against…
2Cases cited14 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Baker v. DelanoMichigan Supreme Court · 1916
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Whaley v. VidalSouth Dakota Supreme Court · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Van LaninghamIndiana Court of Appeals · 1912
- Baltimore & O. R. v. BaldwinCourt of Appeals for the Sixth Circuit · 1906
11 more not listed; retrieve them via the Exa API.