Farley v. Cincinnati, H. & D. R. Co.
Court of Appeals for the Sixth Circuit
In Error to tbe Circuit Court of the United States for the Southern District of Ohio. This action was brought to recover damages for a personal injury, suffered by plaintiff in error on the 24th day of November, 1898, while in the employ of the United States as a postal clerk in the railway mail service.
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In Error to tbe Circuit Court of the United States for the Southern District of Ohio. This action was brought to recover damages for a personal injury, suffered by plaintiff in error on the 24th day of November, 1898, while in the employ of the United States as a postal clerk in the railway mail service. His work as such clerk was in a post-office car provided for the purpose, and consisted in the reception, assortment, and distribution of mail matter in said ear, on what is called the “run” between Cincinnati, Ohio, and Indianapolis, Ind. This mail car, in which plaintiff in error discharged…
1Opinion of the CourtClark, District Judge
The ruling of the court, on motion to direct a verdict in favor of the defendant, is assigned for error, and presents the single question on which the case is here for re-examination. It is well settled, and not controverted, that a person must be expressly or impliedly received as a passenger before the carrier comes under obligation to exercise towards such person that high degree of care and caution for his safety which is due from the carrier to the passenger. The relation between carrier and passenger is contractual, and is created only by *17contract, express or implied. Bricker v.…
2Cases cited17 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Davis v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ala. City, G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1907
- O'Mara v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Harmon v. JensenCourt of Appeals for the Sixth Circuit · 1909
- Schaff v. SamuelsSupreme Court of Oklahoma · 1925
- Chesapeake & O. Ry. Co. v. BurtonCourt of Appeals for the Fourth Circuit · 1932
5 more not listed; retrieve them via the Exa API.