Felton v. Aubrey
Court of Appeals for the Sixth Circuit
In Error to tlie Circuit Court of the United Elates for the District of Kentucky. The plaintiff below, Thomas Aubrey, is a boy nine years old. His suit was by his father, as next friend, and was for personal injuries sustained through the alleged negligence of the plaintiff in error in the operation of the railroad committed to his charge as receiver by an order of the circuit court of the United States for the district of Kentucky.
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In Error to tlie Circuit Court of the United Elates for the District of Kentucky. The plaintiff below, Thomas Aubrey, is a boy nine years old. His suit was by his father, as next friend, and was for personal injuries sustained through the alleged negligence of the plaintiff in error in the operation of the railroad committed to his charge as receiver by an order of the circuit court of the United States for the district of Kentucky. Títere was a verdict for defendant in error and judgment thereon. The petition alleged that the plaintiff had been run over by a train of freight cars, while lie…
1Opinion of the CourtLtjrton, Circuit Judge
There was a very sharp conflict in the evidence upon the vital question as to whether the defendant in error appeared on the track in front of the train, or whether, from the side of the road, he under*353took to grub and climb up on a car as it passed him. If the evidence of the injured boy is credited, he did not undertake to climb upon the cam but was overtaken as lie was crossing the track in front of the train. In this aspect of the case, it became very material to determine whether the defendant in error was himself in the exercise of ordinary care and caution. I Le says in his own evidence…
2Cases cited32 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
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3Cited by60 opinions
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Morrison v. CarpenterMichigan Supreme Court · 1914
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
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