Chicago, M. & St. P. Ry. Co. v. Riley
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The defendant in error brings this suit to recover damages for personal injuries received on or about June 1, 1004. Riley had been in the service of the Chicago, Milwaukee & St. Paul Railway Company about nine years at different places in its Western avenue switch yards, and for two- months he had been foreman or conductor in charge of the switch crew, operating,…
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The defendant in error brings this suit to recover damages for personal injuries received on or about June 1, 1004. Riley had been in the service of the Chicago, Milwaukee & St. Paul Railway Company about nine years at different places in its Western avenue switch yards, and for two- months he had been foreman or conductor in charge of the switch crew, operating, among other switches, switch known as No. 3, by means of which he alleges the accident occurred. He worked from 7 in…
1Opinion of the CourtKohesaat, Circuit Judge
It is contended by plaintiff in error that the location and maintenance of switch stand No. 3 was an engineering problem, and that therefore .the question as to whether plaintiff in error was negligent in that respect should not have been submitted to the jury.
It appears that the accident occurred in what are known as the “Western Avenue Yards” of the plaintiff in error; that these j'ards consist of a network of tracks, switches, and other appurtenances to railroad yards. It is manifest that, in order to secure the best results, there must be as great economy of space as is consistent with a…
2Cases cited16 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vassar College v. Loose-Wiles Biscuit Co.District Court, W.D. Missouri · 1912
- Cincinnati, N. O. & T. P. Ry. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1912
- Missouri, O. & G. Ry. Co. v. OvermyreSupreme Court of Oklahoma · 1916
- Neal v. Phoenix Lumber Co.Washington Supreme Court · 1911
- St. Louis & San Francisco Railroad v. FithianSupreme Court of Arkansas · 1913
5 more not listed; retrieve them via the Exa API.