Tutt v. Illinois Cent. R. Co.
Court of Appeals for the Sixth Circuit
In Error- to the Circuit Court of the United States for the District of Kentucky. From the petition and the various amendments thereof, we gather the plaintiff’s cause of action to be based upon the following allegations: Plaintiff was an infant 0 years of age, and on the 20th day of January, 1898, while crossing certain tracks of the defendant company at a point in the city of Louisville, west of Twelfth street, between said street and Thirteenth street, by the backing of a…
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In Error- to the Circuit Court of the United States for the District of Kentucky. From the petition and the various amendments thereof, we gather the plaintiff’s cause of action to be based upon the following allegations: Plaintiff was an infant 0 years of age, and on the 20th day of January, 1898, while crossing certain tracks of the defendant company at a point in the city of Louisville, west of Twelfth street, between said street and Thirteenth street, by the backing of a train of ears upon and against the plaintiff, through the gross carelessness of the. defendant and its agents,…
1Opinion of the Court
DAY, Circuit .Judge,
after stating- the foregoing facts, delivered ilte opinion of tlie court.
If may be conceded that the railroad company had, as against: trespassers, an exclusive right to the occupation and use of its tracks within its' yards, as well as of its tracks at other points, and that to persons trespassing it owes no duty, except to avoid injuring them unnecessarily after they are discovered upon the premises. This right is essential to the operations of the company in carrying- on its business, and no other or higher duty arises unless the facts show that the person injured is…
2Cases cited2 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Ellsworth v. MetheneyCourt of Appeals for the Sixth Circuit · 1900
3Cited by18 opinions
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Trivette v. Chesapeake & O. R. Co.Court of Appeals for the Sixth Circuit · 1914
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
- Murch Bros. Const. Co. v. JohnsonCourt of Appeals for the Sixth Circuit · 1913
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