O'Neill v. Chicago & N. W. Ry. Co.
U.S. Circuit Court for the District of Iowa
At Law. Action by John M. O’Neill against the Chicago & Northwestern Railway Company to recover damages for personal injuries. A verdict having been returned for plaintiff, the case was heard on motion for a new trial. This suit was brought by plaintiff to recover damages on account of personal injuries, caused, as alleged, by the negligence of the servants of the defendant.
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At Law. Action by John M. O’Neill against the Chicago & Northwestern Railway Company to recover damages for personal injuries. A verdict having been returned for plaintiff, the case was heard on motion for a new trial. This suit was brought by plaintiff to recover damages on account of personal injuries, caused, as alleged, by the negligence of the servants of the defendant. The plaintiff was in the employ of the defendant as a ear carpenter, and was directed, in the course of such employment, to repair a car which was standing upon one of the numerous tracks in the defendant’s yard at…
1Opinion of the Court
McCrary, Circuit Judge.
I am inclined to the opinion that the tenth instruction given to the jury was erroneous, in that it did not leave it for the jury to say whether, under the circumstances, it was the duty of the fireman (Riggs) to have given to the engineer more definite and explicit warning concerning the plaintiff’s peril. It is doubtful whether the circumstances of this case bring it within the rule that, the facts being established, the court may determine the question of negligence as a question of law. It probably belongs to that other class in which, although the facts be…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- City of Rockford v. HildebrandIllinois Supreme Court · 1871
- Gillespie v. . City of NewburghNew York Court of Appeals · 1873