Mt. Adams & E. P. Inclined Ry. Co. v. Lowery
Court of Appeals for the Sixth Circuit
Error to tbe Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is an action for injuries to a passenger on a cable street car in the city of Cincinnati. The defendant in error, Joseph A. Lowery, was injured by riding on the front seat of an open grip ear, by reason of a collision between a car going north on Gilbert avenue and a large ice wagon going south.
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Error to tbe Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is an action for injuries to a passenger on a cable street car in the city of Cincinnati. The defendant in error, Joseph A. Lowery, was injured by riding on the front seat of an open grip ear, by reason of a collision between a car going north on Gilbert avenue and a large ice wagon going south. The wagon belonged to the Cincinnati Ice Company, and his action for damages was brought against both the car company and the ice company, alleging negligence upon the part of both. Luring…
1Opinion of the CourtBurton, Circuit Judge
There are five errors assigned to the action of the court below. The first is as follows:
“The court erred in sustaining the objection of the defendant the (Jincin-nati Ice Company to the following question asked the witness Annie Red-man: ‘Q. From the time you saw those horses turn, until the collision, how long was it? Wasn’t it about a second or two?’ ”
There were two defendants, the ice company and the street-railway company, and each was represented by its own counsel. Each was interested in showing that the fault, if any, was the fault of the other, or in showing mutual negligence, so…
2Cases cited27 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Pleasants v. FantSupreme Court of the United States · 1875
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
22 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- Marsh v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1949
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Garrison v. United StatesCourt of Appeals for the Fourth Circuit · 1932
- Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
103 more not listed; retrieve them via the Exa API.