O'Neil v. Pittsburg, C., C. & St. L. R. Co.
U.S. Circuit Court for the District of Western Kentucky
Action for Personal Injury. On motion by defendant for direction of a verdict. This is an action for damages for personal injuries. The plaintiff was a flagman stationed in the midst of the railroad tracks at the intersection of Fourteenth and Rowan streets, in this city. Three or more parallel tracks of the defendant’s road ran northwardly along Fourteenth street to the bridge across the Ohio river, a few hundred yards away.
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Action for Personal Injury. On motion by defendant for direction of a verdict. This is an action for damages for personal injuries. The plaintiff was a flagman stationed in the midst of the railroad tracks at the intersection of Fourteenth and Rowan streets, in this city. Three or more parallel tracks of the defendant’s road ran northwardly along Fourteenth street to the bridge across the Ohio river, a few hundred yards away. Plaintiff usually left his station at 6 p. m., after the local train called the “Dinkey,” running between Louisville, Ky., and New Albany, Ind., had “pulled out.”…
1Opinion of the CourtEvans, District Judge
(after stating the facts as above). The testimony having been concluded, the defendant has moved the court, upon the whole case, to instruct the jury to find for it, and urges the motion upon three grounds: (1) It insists that the evidence does not show any negligence upon its part to bring it under any obligation to compensate the plaintiff for the injuries sustained; (2) that, even if the defendant was negligent, the plaintiff would not have been injured if he had not contributed to it or brought it on by his own negligence; and (3) that any negligence, if there was any, which caused the…
2Cases cited4 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
- Packet Company v. McCueSupreme Court of the United States · 1873
- Orman v. SalvoCourt of Appeals for the Eighth Circuit · 1902
3Cited by5 opinions
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
- Baker v. SwiftNebraska Supreme Court · 1906
- Willmarth v. CardozaCourt of Appeals for the First Circuit · 1910
- Lee v. Tennessee Central Railway Co.Court of Appeals of Tennessee · 1928
- Richard Chatman, B/n/f Bernice Chatman and Bernice Chatman v. James H. Drew Shows, Inc.Court of Appeals for the Sixth Circuit · 1972