Hunt v. Kane
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United Btai.es for the Southern District of Illinois. This was an action by Patrick Kano against the receiver of the Toledo, St. Louis & Kansas City Railroad Company to recover damages for a personal injury received while in the einjfloy of the receiver as a switchman in the railroad yards of the company at Madison, Ill.
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In Error to the Circuit Court of the United Btai.es for the Southern District of Illinois. This was an action by Patrick Kano against the receiver of the Toledo, St. Louis & Kansas City Railroad Company to recover damages for a personal injury received while in the einjfloy of the receiver as a switchman in the railroad yards of the company at Madison, Ill. The declaration contained t,wo counts, —one alleging that Kane, while about to couple cars, was run over and injured by having his foot caught in a frog defectively made and insufficiently blocked; the other alleging that the engine which…
1Opinion of the CourtBunn, District Judge
There were a great many exceptions taken on the trial to the plaintiff’s testimony which are preserved in the bill of exceptions, and form the foundation for many assignments of error, which it will not be necessary to consider. At: the close of the testimony the plaintiff asked for two special instructions to the jury, the first of which was to take the case from the jury under both counts of the declaration. The second was to take it from 'the jury under the second count, which made the bad and defective condition of the engine and the consequent escaping of the steam a ground of…
2Cases cited1 opinion
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
3Cited by3 opinions
- Grand Trunk Western Railway Co. v. MelroseIndiana Supreme Court · 1906
- Seininski v. Wilmington Leather Co.Superior Court of Delaware · 1911
- Woodward Iron Co. v. LimbaughCourt of Appeals for the Fifth Circuit · 1921