Graven v. MacLeod
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. This is an action for the negligent killing of Alpha Graven, the husband and intestate of Minnie Graven, the plaintiff in error. The deceased was a passenger upon the line of electric railway operated by defendants as receivers, extending- from Louisville, Ky., west to the neighboring city of New Albany, on the Indiana side of the Ohio river.
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In Error to the Circuit Court of the United States for the District of Kentucky. This is an action for the negligent killing of Alpha Graven, the husband and intestate of Minnie Graven, the plaintiff in error. The deceased was a passenger upon the line of electric railway operated by defendants as receivers, extending- from Louisville, Ky., west to the neighboring city of New Albany, on the Indiana side of the Ohio river. This lino of railway consists of two parallel tracks, one of which is used exclusively by trains east bound, and the other hy trains running in the opposite direction. The…
1Opinion of the CourtBurton, Circuit Judge
Upon a former trial of this ca'se there was a judgment for the plaintiff in error, which, upon a writ of error, was reversed by this *849court for error in refusing to instruct the jury that, upon the undisputed facts, the deceased had, as matter of law, been guilty of contributory negligence. The facts upon which our judgment was based, and "our reasons for the conclusion then reached, will fully appear by an examination of our opinion as reported in the case of MacLeod v. Graven, 73 Fed. 627; Id., 47 U. S. App. 573, 24 C. C. A. 449, 79 Fed. 84. While the general facts in this and the former…
2Cases cited10 opinions
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Terry v. . JewettNew York Court of Appeals · 1879
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Karr v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1907
- Wilkinson v. United Railroads of San FranciscoCalifornia Supreme Court · 1924
- Chicago, R. I. & P. Ry. Co. v. SteppCourt of Appeals for the Eighth Circuit · 1908
- Dieckmann v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Pierce's v. B. & O. RailroadWest Virginia Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.