Warner v. Baltimore & Ohio Railroad
Supreme Court of the United States
ERROR TO THE COURT OE APPEALS OF THE DISTRICT OF COLUMBIA. ' This action was begun in the Supreme Court of the District of Columbia to recover damages for the killing of the plaintiff’s intestate on June 22, 1893, at a suburban station of the city of Washington, located on the line of the defendant’s’ road, known as University station.
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ERROR TO THE COURT OE APPEALS OF THE DISTRICT OF COLUMBIA. ' This action was begun in the Supreme Court of the District of Columbia to recover damages for the killing of the plaintiff’s intestate on June 22, 1893, at a suburban station of the city of Washington, located on the line of the defendant’s’ road, known as University station. It appeared from the evidence that at the station referred to the company operated a double track road, the tracks running substantially from north to south, the southerly direction leading to Washington and the northerly direction leading away from that city.…
1Opinion of the CourtJustice White
The peremptory instruction by the trial court and the affirmance of its action by the appellate court manifestly proceeded not on the theory that, as a matter of law, there was no negligence on the part of the defendant, but that the proof of contributory negligence, on -the part of the plaintiff was so conclusive as to leave no question for the consideration of the jury. Indeed, apart from any question which may have arisen from the proof as an entirety, and apart from the conflicting evidence as to the failure to give warning or proper signals, in the light of the ruling in Chicago, Mil…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Philadelphia, Wilmington & Baltimore Railroad v. AndersonCourt of Appeals of Maryland · 1890
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3Cited by64 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Knoxville Traction Co. v. BrownTennessee Supreme Court · 1905
- H. Hackfeld & Co. v. United StatesSupreme Court of the United States · 1905
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
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