Erie R. Co. v. Caldwell
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by Erank Caldwell against the Erie Railroad Company and Walker D. Hines, Director General of Railroads.
1Opinion of the Court
DONAHUE, Circuit Judge.
On the 2d day of March, 1918, Frank ■Caldwell was injured while assisting in pulling a train of cars off a “cripple” track in the yard of defendant railroad company at Kent, Ohio. Through a defect in the drawbar the train became separated upon a grade in the track, and the detached part of the train started backward and had acquired a speed of about 5 miles an hour, when it collided with an obstruction on the track. At the time the cars became separated plaintiff, who was one of the crew performing this work, was standing about 40 ’feet from the train, and as soon as he…
2Cases cited1 opinion
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
3Cited by31 opinions
- O'Donnell v. Elgin, Joliet & Eastern Railway Co.Supreme Court of the United States · 1949
- Carter v. Atlanta & St. Andrews Bay Railway Co.Supreme Court of the United States · 1950
- Sanford Bros. Boats, Inc. v. Dalvis VidrineCourt of Appeals for the Fifth Circuit · 1969
- Rovinski v. RoweCourt of Appeals for the Sixth Circuit · 1942
- Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
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