Rogers v. Cincinnati, N. O. & T. P. Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for Eastern District of Tennessee. This is an action for the alleged negligent killing of the husband of the plaintiff in error by collision with an engine hauling a train of cars upon the-line of railway owned and operated by the defendant company. At the conclusion of all of the evidence the trial judge instructed a verdict for the railroad company.
Read the full summary
In Error to the Circuit Court of the United States for Eastern District of Tennessee. This is an action for the alleged negligent killing of the husband of the plaintiff in error by collision with an engine hauling a train of cars upon the-line of railway owned and operated by the defendant company. At the conclusion of all of the evidence the trial judge instructed a verdict for the railroad company. It was conceded below, and conceded here, that the plaintiff could not recover unless the Tennessee statute concerning the precautions to be observed by railroads in the operation of trains…
1Opinion of the CourtBurton, Circuit Judge
It is too plain for controversy, unless the Tennessee statute applies, that, aside from all other questions, the contributory negligence of the deceased would bar any action based upon the principles of the common law. In view of this plain conclusion, the attorney for the plaintiff in error has staked his case upon the Tennessee statute, and has insisted that there was evidence from which the jury might reasonably find that the deceased was within striking distance of the approaching train from the time it came onto the main track, some six or seven rails distant from Rogers, and that the…
2Cases cited6 opinions
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Railroad v. PughTennessee Supreme Court · 1895
- Southern Ry. Co. v. SimpsonCourt of Appeals for the Sixth Circuit · 1904
- Western & A. R. v. RobersonCourt of Appeals for the Sixth Circuit · 1894
- Railway Co. v. HicksTennessee Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Annette Rush, as Natural Mother of Johnathan Rush, a Minor v. Illinois Central Railroad Company, AKA Canadian National-Illinois Central RailroadCourt of Appeals for the Sixth Circuit · 2005
- Louisville & N. R. v. WomackCourt of Appeals for the Sixth Circuit · 1909
- Little v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Tennessee · 1954
- Smith v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1912
- Southern Ry. Co. v. SuttonCourt of Appeals for the Sixth Circuit · 1910
8 more not listed; retrieve them via the Exa API.