Pittsburgh, C., C. & St. L. Ry. Co. v. Cole
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by Ellsworth G. Cole against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action by Ellsworth G. Cole against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. There was a judgment for plaintiff, and defendant brings error. Ellsworth G. Cole recovered judgment against the railway company in the sum of $5,000 for personal injuries sustained through alleged negligence of the company, and reversal is sought. At the time the injuries were received, October 6, 1916, plaintiff and two others, Eoy Dugan and W. H. Cole…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). In view of the assignments of error and the contentions presented in support of them, it is important to call attention to the issues made both upon the pleadings and at the trial below. In addition to general allegations of the petition describing the situation and the acts which led to the injuries, plaintiff in substance alleged “full care and caution” on his part, and that the injury was “due solely and proximately to the negligent acts and omissions of the defendant”: (a) In supplying the pneumatic hammer without a safety spring, which spring would…
2Cases cited9 opinions
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Law v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1913
- Kansas City Southern Railway Co. v. JonesSupreme Court of the United States · 1916
- Central R. Co. of New Jersey v. YoungCourt of Appeals for the Third Circuit · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. DowlingDistrict Court, S.D. Florida · 1922
- Liggett & Myers Tobacco Co. v. De ParcqCourt of Appeals for the Eighth Circuit · 1933
- Pinkstaff v. Pennsylvania RailroadIllinois Supreme Court · 1960
- Morris v. HinesNebraska Supreme Court · 1922
- Holley v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.