Cleveland, C., C. & St. L. Ry. Co. v. Ballentine
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. On the morning of January 31, 1893, the Southwestern Limited, a passenger train of the plaintiff in error, hereinafter called for brevity the “Railway Company,” bound from St. Louis to Indianapolis and the east, by reason of a switch negligently left open, ran upon a siding, and collided with a train of 18 oil-tank cars, filled with petroleum oil, standing in the yards oí the company at…
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Illinois. On the morning of January 31, 1893, the Southwestern Limited, a passenger train of the plaintiff in error, hereinafter called for brevity the “Railway Company,” bound from St. Louis to Indianapolis and the east, by reason of a switch negligently left open, ran upon a siding, and collided with a train of 18 oil-tank cars, filled with petroleum oil, standing in the yards oí the company at Wann, now East Alton, about 20 miles from East St. Louis. These yards were over 3,500 feet in length north and south,…
1Opinion of the CourtJenkins, Circuit Judge
We dismiss without remark the consideration of the second and third counts of the declaration, because there is entire absence of evidence to sustain the allegation of the second that he was upon the highway at the time of this injury, or of the third that the servants of the company represented to him that there was no danger, or that the tanks contained cotton-seed and Hack oil, and would not explode. The first and fifth counts will be considered together, and the fourth count by itself.
We ruled in Goodlander Mill Co. v. Standard Oil Co., 24 U. S. App. 7—12, 11 C. C. A. 255, and 63 Fed.…
2Cases cited4 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Gibson v. LeonardIllinois Supreme Court · 1892
- Woodruff v. BowenIndiana Supreme Court · 1893
- Crane Elevator Co. v. LippertCourt of Appeals for the Seventh Circuit · 1894
3Cited by13 opinions
- England v. SimmonsWyoming Supreme Court · 1986
- Beard v. BrownWyoming Supreme Court · 1980
- Minneapolis General Electric Co. v. CrononCourt of Appeals for the Eighth Circuit · 1908
- City of Shreveport v. Southwestern Gas & Electric Co.Supreme Court of Louisiana · 1919
- Moore v. Jefferson Distilling & Denaturing Co.Supreme Court of Louisiana · 1930
8 more not listed; retrieve them via the Exa API.