Erie R. v. Weinstein
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio.
1Opinion of the Court
EURTON, Circuit Judge.
This is an action by the administrator óf Philip Weinstein for his tortious death, occasioned by his collision with a railway train at a street crossing at Niles,' Ohio. There was a jury, and verdict and judgment for the plaintiff below.
There are four errors assigned upon requests for special charges which were refused. One of them was in these words:
“The looking required, before going upon a crossing,’ should usually be just before going upon the track, or so near thereto as to enable the person to get across before a train, within range of his view of the track, going…
2Cases cited17 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Licha v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1937
- Clark v. Union Pac. R. Co.Utah Supreme Court · 1927
- Rothe v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1912
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Baltimore & OR Co. v. ReevesCourt of Appeals for the Sixth Circuit · 1926
13 more not listed; retrieve them via the Exa API.