Cincinnati St. Ry. Co. v. Whitcomb
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This was an action by Charles K. Whitcomb against the Cincinnati Street-Railway Company to recover damages for a personal injury. In the circuit court plaintiff recovered judgment. Defendant brings error.
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In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This was an action by Charles K. Whitcomb against the Cincinnati Street-Railway Company to recover damages for a personal injury. In the circuit court plaintiff recovered judgment. Defendant brings error. Charles K. Whitcomb, a citizen of the state of Kentucky, recovered a.verdict and judgment against the Cincinnati Street-Railway Company, a citizen of Ohio, in the circuit court of the United States for the Western division of the Southern district of Ohio, as damages for a personal…
1Opinion of the Court
TAFT. Circuit Judge
(after stating the facts). The general verdict of the jury was evidently based on the finding that the injury to the plain tiff's person was caused by the negligent backing of the car after the first collision, and not by a second collision. It is argued that this is such a variance from the charge of negligence in the petition that judgment should have been entered for the defendant, The petition charged that the backing was negligent, and that the moving forward to the second collision was negligent, but ascribed the injury to the second collision. The evidence of the…
2Cases cited5 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Louisville & N. R. v. East Tennessee, V. & G. Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Cincinnati, N. O. & T. P. Ry. Co. v. FarraCourt of Appeals for the Sixth Circuit · 1895
- Newport News & M. V. Co. v. HoweCourt of Appeals for the Sixth Circuit · 1892
3Cited by19 opinions
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
- Crotty v. Chicago Great Western Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Evansville Street Railroad v. GentryIndiana Supreme Court · 1896
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Tacoma Ry. & Power Co. v. HaysCourt of Appeals for the Ninth Circuit · 1901
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