Legal Opinion

Toledo, St. L. & W. R. v. Gordon

Court of Appeals for the Seventh Circuit

Decided October 5, 1909No. 1,538PublishedCited by 2 opinions

In Error to the Circuit Court of the United States for the Eastern District of Illinois. Action by Alice M. Gordon, administratrix of the estate of Edwin J. Hair, deceased, against fhe Toledo, St. Louis & Western Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

ANDERSON, District Judge.

Defendant in error’s decedent, Edwin J. Hair, was a brakeman in the employ of plaintiff in error, and on the night of August 16, 1907, was engaged in the performance of his duties on one of the freight trains of plaintiff in error. The train was on its way west to East St. Eouis, 111. The train crew consisted of an engineer, a fireman, a conductor, a rear brakeman, and the decedent, who was the front brakeman. When the train was proceeding west of Bayle, in Illinois, it broke in two at a point 7 or 8 cars from the engine and about 45 cars from the rear end of the…

2Cases cited1 opinion

  1. Denver & R. G. R. Co. v. ArrighiCourt of Appeals for the Eighth Circuit · 1904

3Cited by2 opinions

  1. Hampton v. Des Moines & Cent. I. R. Co.Court of Appeals for the Eighth Circuit · 1933
  2. Toledo, St. L. & W. R. Co. v. SellersCourt of Appeals for the Seventh Circuit · 1911

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