Chicago Great Western R. v. Biwer
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge. Action by Ueo Biwer against the Chicago Great Western Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
JOHNSON, District Judge.
The plaintiff in error assigns the refusal of the trial court to direct a verdict in its favor as error, based upon the contention that the plaintiff below was guilty of negligence as a matter of law in (1) approaching the point of collision at a rate of speed of 8 to 12 miles per hour; (2) failing to still the noise of his automobile, so that he could have heard the approaching train.
The plaintiff in error invokes the application of the familiar rule ■ — stop, look, and listen before going upon a railroad track at a highway crossing. The defendant in error claims the…
2Cases cited19 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
- Hickey C. Missouri Pacific Railroad Corp. in NebraskaCourt of Appeals for the Eighth Circuit · 1925
- Rintala v. Duluth, Winnipeg & Pacific Railway Co.Supreme Court of Minnesota · 1924
5 more not listed; retrieve them via the Exa API.