Hines v. Johnson
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank II. Rud-kin, Judge. Action by Thea Sophia Johnson and another against Walker D. Hines, as Director General of Railroads. Judgment for plaintiffs, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank II. Rud-kin, Judge. Action by Thea Sophia Johnson and another against Walker D. Hines, as Director General of Railroads. Judgment for plaintiffs, and defendant brings error. Verdict and judgment for damages by reason of the death of Charles Ernest Johnson, as a result of a collision at Spokane between an automobile, in which Johnson was riding as a guest, and a freight train of the Oregon-'Washington Railroad & Navigation Company, at about 10:15 o’clock on the night of…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above).- The plaintiff in error has argued that the judgment should be reversed for the reasons: (1) That Johnson was negligent; (2) that the negligence of the “railway company, if any, was not the proximate cause of the death of Johnson; (3) that the driver of the automobile was negligent.
[1] It is said that Johnson was negligent because he was familiar with the crossing, had opportunity to observe the train moving, knew the speed of the machine, and that, although he gave no warning, he must have seen the string of box cars in ample time to have given warning to…
2Cases cited4 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Southern Pac. Co. v. WrightCourt of Appeals for the Ninth Circuit · 1918
- Brabon v. City of SeattleWashington Supreme Court · 1902
- Allison v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1915
3Cited by5 opinions
- Norfolk & Western Railway Co. v. Wellons' AdministratorSupreme Court of Virginia · 1930
- Baltimore & Ohio Railroad v. FaubionIndiana Court of Appeals · 1930
- Davis v. SlocombCourt of Appeals for the Ninth Circuit · 1923
- Southern Pac. Co. v. StephensCourt of Appeals for the Ninth Circuit · 1928
- Roberts v. White Star Bus Line, Inc.Court of Appeals for the First Circuit · 1930