Hayes v. Northern Pac. R.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. i This suit was brought in the court below by Michael T. Hayes, the plaintiff in error, against the several corporations named, to recover damages for injuries sustained through alleged negligence in the operation of a train of the Northern Pacific Railroad Company.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. i This suit was brought in the court below by Michael T. Hayes, the plaintiff in error, against the several corporations named, to recover damages for injuries sustained through alleged negligence in the operation of a train of the Northern Pacific Railroad Company. The accident occurred in the Central Avenue yards, in the city of Chicago, and south of the main tracks of railway owned by the Chicago & Northern Pacific Railroad Company, which railway had, long prior to the injury, been leased for a term…
1Opinion of the Court
■JENKINS, Circuit Judge,
after this statement of the'case, delivered the opinion of the court.
Whether the lessor railway company is relieved from liability for injuries resulting from the negligent operation of the road by the lessee is a question upon which courts may be said to be not wholly at agreement, although the supposed disagreement is more seeming than real. Unquestionably, a railroad company cannot without legislative authority lawfully lease its line of railway, and in such case cannot, by in fact so doing, relieve itself of any liability flowing from the manner of its operation;…
2Cases cited4 opinions
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- St. Louis, Wichita & Western Railway Co. v. CurlSupreme Court of Kansas · 1882
- Baltimore & O. R. v. MeyersCourt of Appeals for the Seventh Circuit · 1894
- Northern Pac. R. v. AustinCourt of Appeals for the Seventh Circuit · 1894
3Cited by10 opinions
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Tomlinson Ex Rel. Tomlinson v. MarshallMissouri Court of Appeals · 1921
- Yeates v. Illinois Cent. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
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