Chattanooga, R. & S. Ry. Co. v. Downs
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action to recover for an injury happening to the plaintiff a.t By tie Post Office, near Battlefield, Ga., a station on the Chattanooga, Rome & Southern Railway.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action to recover for an injury happening to the plaintiff a.t By tie Post Office, near Battlefield, Ga., a station on the Chattanooga, Rome & Southern Railway. The injury was received under the following circumstances: Some distance south of the passenger depot at this point, variously stated at from 60 to 600 feet, the Southern Express Company, by permission of the railroad company, had erected a building for the reception and delivery of express packages. The main line of the railroad runs…
1Opinion of the CourtDay, Circuit Judge
Under these circumstances, th’e question we deem it necessary to consider is, was the plaintiff, as a matter of law, guilty of a want of the exercise of ordinary care in stepping upon the track when the train must have been in plain view? The accident happened in the state of Georgia, and the statutes of that state are controlling. Numerous decisions have been made upon sections 2972 and 3084 of the Georgia Code, regulating this matter. This court had occasion in the case of Railway Co. v. Coggins, 88 Fed. 455, 32 C. C. A. 1, to consider them. Speaking by Judge Taft, the court said of those…
2Cases cited10 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chicago, R. I. & P. Ry. Co. v. SteppCourt of Appeals for the Eighth Circuit · 1908
- Illinois Central Railroad v. DanielsMississippi Supreme Court · 1909
- Wm. H. Pollett v. D. R.G.W.R. Co. and B.P. DelongUtah Supreme Court · 1933