Cleveland, C., C. & St. L. Ry. Co. v. Tartt
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the Uuii.ed States for the Southern District of Illinois. Action on the case by James T. Tartt, administrator of the estate of Jesse H. Phillips, Sr., against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for causing the death of said Phillips. Plaintiff obtained judgment. Defendant brings error.
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In Error to the Circuit Court of the Uuii.ed States for the Southern District of Illinois. Action on the case by James T. Tartt, administrator of the estate of Jesse H. Phillips, Sr., against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for causing the death of said Phillips. Plaintiff obtained judgment. Defendant brings error. On July 7, 1891, the deceased, Jesse H. Phillips, Sr., the plaintiff’s intestate, was killed by a collision with a train of the appellant (the defendant below) in the village of Venice, in the stale of Illinois. The declaration, consisting of a single…
1Opinion of the Court
After making tin; foregoing statement, the opinion of the court was delivered by
BAKER, District Judge:
The declaration, the course pursued on the trial, and the charge of the court place the right of recovery -on the ground of negligence in one or all of the following particulars, namely: (1) In running the engine and train of cars through the village of Venice at a rate of speed in excess of 10 miles an hour, in violation of an ordinance; (2) or in failing to give timely warning of the approaching train; (?>) or in failing to use care and diligence to stop the train before the fatal collision…
2Cases cited22 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
24 more not listed; retrieve them via the Exa API.