Garrett v. Illinois Cent. R.
U.S. Circuit Court for the District of Western Tennessee
On Motion to Direct a Verdict. • The plaintiff was injured by a collision with a train of cars at a crossing of ' the defendant company’s tracks in the town of Fulton, Ky. He was in the employment of an express company, and driving an ordinary express wagon, when a slowly moving train of about four or five cars pushed against the wagon with such force as to upset the wagon and throw the plaintiff to the . ground.
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On Motion to Direct a Verdict. • The plaintiff was injured by a collision with a train of cars at a crossing of ' the defendant company’s tracks in the town of Fulton, Ky. He was in the employment of an express company, and driving an ordinary express wagon, when a slowly moving train of about four or five cars pushed against the wagon with such force as to upset the wagon and throw the plaintiff to the . ground. Long after the railroad company was constructed upon its. own right of way the town of Fulton crowded itself in close proximity to that right of: way and the railroad tracks on both…
1Opinion of the CourtHammond, J.
The motion of the defendant company to direct a verdict in its behalf because of the contributory negligence of the plaintiff is granted, and the verdict will be entered accordingly.
Technically this ends the case, so far as we are concerned, and the court might leave it so; but it would hardly be respectful to the jury not to explain the reasons for this action by the court, and certainly not satisfactory to the plaintiff and his learned counsel. Therefore I shall proceed to justify this judgment so far as it can be done by expressing the considerations that have influenced me to so dispose…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Cincinnati, N. O. & T. P. Ry. Co. v. FarraCourt of Appeals for the Sixth Circuit · 1895
- Shatto v. Erie R.Court of Appeals for the Sixth Circuit · 1903
- Illinois Cent. R. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1899
- Cowen v. GrabowCourt of Appeals for the Sixth Circuit · 1903
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