Maher v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Edward Maher against the Chicago, Milwaukee & St. Paul Railway Company. Judgment on a directed verdict for defendant, and plaintiff brings error.
1Opinion of the Court
BAKER, Circuit Judge.
At the conclusion of plaintiff’s evidence, defendant having introduced none, the court-directed the jury to return a verdict for defendant, and this writ of error challenges the resulting judgment.
Relationship of parties was that of consignee and common carrier by railroad. Plaintiff had been accustomed for some time to ship ice into Chicago on defendánt’s railroad in carload lots. Defendant would place the car on one of its sidings; and plaintiff would place in front of the door in the side of the car a platform, of a height to come slightly below the level of the car…
2Cases cited5 opinions
- Pennsylvania R. Co. v. HummelCourt of Appeals for the Third Circuit · 1909
- L. & N. R. R. v. FrepponCourt of Appeals of Kentucky · 1909
- Corbett v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1913
- Hawley v. Chicago, B. & Q. Ry. Co.Court of Appeals for the Seventh Circuit · 1904
- Payne v. ColvinCourt of Appeals for the Seventh Circuit · 1921
3Cited by6 opinions
- Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
- Coreland v. Chicago, B. & Q. R.Court of Appeals for the Eighth Circuit · 1923
- Phillips v. Pennsylvania R.Court of Appeals for the Seventh Circuit · 1922
- Garner v. Pacific Electric Railway Co.California Court of Appeal · 1962
- Rylander v. Chicago Short Line Railway Co.Appellate Court of Illinois · 1958
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