Legal Opinion

Gray v. Baltimore & OR Co.

Court of Appeals for the Seventh Circuit

Decided March 5, 1928No. 3888PublishedCited by 17 opinions

1Opinion of the Court

PAGE, Circuit Judge.

Plaintiff in error (plaintiff), a passenger on defendant’s train, was injured when the train of eleven ears ran into an open switch l1/^ miles west of the town of Aviston, Ill., at 10:47 on the night of October 3, 1924. About 9:30 that evening a freight train passed through that switch, going west. The switch was properly closed and locked behind the freight train, and had burning upon its standard the usual oil-burning lamp, which showed green down the main track when the switch was closed and red when it was open. The freight crew saw near the switch a negro tramp, with…

2Cases cited5 opinions

  1. Sweeney v. ErvingSupreme Court of the United States · 1913
  2. A. B. Small Co. v. Lamborn & Co.Supreme Court of the United States · 1925
  3. Central R. v. PelusoCourt of Appeals for the Second Circuit · 1923
  4. Dierks Lumber & Coal Co. v. BrownCourt of Appeals for the Eighth Circuit · 1927
  5. Francey v. . Rutland R.R. Co.New York Court of Appeals · 1918

3Cited by17 opinions

  1. Texas and Pacific Railway Company v. Walter N. Buckles, Jr., and Silas R. StanleyCourt of Appeals for the Fifth Circuit · 1956
  2. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  3. Pope v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1953
  4. Baltimore & O. R. Co. v. O'NeillCourt of Appeals for the Sixth Circuit · 1954
  5. Levy v. D. C. Transit System, Inc.District of Columbia Court of Appeals · 1961

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