Farlow v. Kelly
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITEE STATES FOR THE NORTHERN DISTRICT OF OHIO. Proceedings against a receiver of a railroad corporation to recover damages against Mm as common carrier for injuries suffered in a collision.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITEE STATES FOR THE NORTHERN DISTRICT OF OHIO. Proceedings against a receiver of a railroad corporation to recover damages against Mm as common carrier for injuries suffered in a collision. WMle the Cincinnati, Sandusky and Cleveland Railroad was being operated by John S. Farlow, a receiver appomtedby the Circuit Court of the United States for the Northern District of Ohio, in a suit for the foreclosure of a mortgage on the road, Sylvanus Kelly, a passenger on one of the trains, was injured by the collision of a car in wMch he Avas riding AAÚth a freight…
1Opinion of the Court
Me. Chief Justice Waite,
after reviewing the facts as above recited, said:
The questions argued here are those presented by the except tions below. After examining the testimony reported by the master, we are entirely satisfied with his findings of fact. There can be no doubt whatever of the culpable neglect of the managers of the road in leaving the freight car to stand on the side track so near the main track as to make a collision with the approaching train from the south inevitable, and in our opinion it ivas not contributory negligence for Kelly, under the circumstances, to ride Avith his…
2Cited by11 opinions
- Nebel v. BurrelliSupreme Court of Pennsylvania · 1945
- Thom v. PittardCourt of Appeals for the Fourth Circuit · 1894
- Canadian Pac. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1896
- Farlow, Receiver, Etc. v. KellySupreme Court of the United States · 1883
- Farmers' Loan & Trust Co. v. Northern Pac. R.Court of Appeals for the Second Circuit · 1903
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