St. Louis & S. F. R. v. Rutland
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Wéstern District of Tennessee; John E. McCall, Judge. Action at law by Elizabeth Rutland against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. Reversed. The defendant below, commonly known as the “Frisco” Railroad, reaches Memphis from the east and there connects with the Rock Island.
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In Error to the District Court of the United States for the Wéstern District of Tennessee; John E. McCall, Judge. Action at law by Elizabeth Rutland against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error. Reversed. The defendant below, commonly known as the “Frisco” Railroad, reaches Memphis from the east and there connects with the Rock Island. This connection is by a track running through the city of Memphis from the point where incoming Frisco trains are broken up, and extending to the' Rock Island yards. This connecting track, belonging…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The first question arises because the trial judge, believing that the statutory precautions did apply, charged the jury that defendant was liable, and left to the jury only the subjects of contributory negligence and of damages. The Tennessee statute is, in its terms, broad and general. It makes no exception whatever, and from its terms it would *290seem that, in every case where the cars strike anything on the track and where less than all the prescribed precautions are observed, the railroad company would be liable for the resulting damage; • but the…
2Cases cited1 opinion
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
3Cited by5 opinions
- Erie R. v. WeberCourt of Appeals for the Sixth Circuit · 1913
- Bollinger v. SchaffSupreme Court of Kansas · 1923
- Chesapeake & O. Ry. Co. v. WaidCourt of Appeals for the Fourth Circuit · 1928
- Southern Ry. Co. v. KogerCourt of Appeals for the Sixth Circuit · 1915
- Alabama Great Southern R. v. BrookshireCourt of Appeals for the Sixth Circuit · 1948