Legal Opinion

Louisville & N. R. v. East Tennessee, V. & G. Ry. Co.

Court of Appeals for the Sixth Circuit

Decided March 6, 1894No. 69PublishedCited by 24 opinions

In Error to the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This was a writ of error to the judgment of the circuit court of the United States for the eastern district of Tennessee, northern division, in favor of the East Tennessee, Virginia & Georgia Railway Company, hereafter referred to as the “Tennessee Company,” against the Louisville & Nashville Railroad Company, hereafter referred to as the “Louisville Company,”…

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In Error to the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This was a writ of error to the judgment of the circuit court of the United States for the eastern district of Tennessee, northern division, in favor of the East Tennessee, Virginia & Georgia Railway Company, hereafter referred to as the “Tennessee Company,” against the Louisville & Nashville Railroad Company, hereafter referred to as the “Louisville Company,” for §11,219.94, as damages for an injury to a sleeping car caused by the collision with it of a freight train of the…

1Opinion of the CourtTaft, Circuit Judge

The only real defense in this case was that the Cincinnati Company was guilty of contributory negligence, and the chief errors assigned are based on rulings made in the trial of this issue. All the evidence on both sides showed, without contradiction, that the Louisville Company was guilty of negligence in sending out a freight train equipped with poor brakes. Counsel for defendant in error contend that the errors assigned on the issue of contributory negligence are immaterial, because the recovery of the Tennessee Company, the plaintiff below, could not be defeated by the contributory…

2Cases cited9 opinions

  1. Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
  2. Railroad Company v. HoustonSupreme Court of the United States · 1878
  3. Little v. HackettSupreme Court of the United States · 1886
  4. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
  5. Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870

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3Cited by24 opinions

  1. Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
  2. Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
  3. Davis v. Arkansas Southern R.Supreme Court of Louisiana · 1906
  4. Wright v. ConwayWyoming Supreme Court · 1925
  5. Robinson v. Detroit & C. Steam Nav. Co.Court of Appeals for the Sixth Circuit · 1896

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