Chicago & E. R. v. Ponn
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by Mary K. Ponn, administratrix of the estate of Edward J. Ponn, deceased, against the Chicago & Erie Railroad Company. Judgment for plaintiff, and defendant brings error. Action for damages for the alleged wrongful death of the decedent, defendant’s employe.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by Mary K. Ponn, administratrix of the estate of Edward J. Ponn, deceased, against the Chicago & Erie Railroad Company. Judgment for plaintiff, and defendant brings error. Action for damages for the alleged wrongful death of the decedent, defendant’s employe. Ponn, a boy 17 years and 8 months old, was in the employ of the Chicago & Erie Railroad C'ompany, at Marion, Ohio, as a laborer at and about its turntable and roundhouse. 1-Iis employment began 8 or 10 days prior to the accident which caus.ed his…
1Opinion of the Court
• HOLLISTER, District Judge
(after stating the facts as above). [ 1 ] When it appeared in 'evidence that the turntable was of insufficient size'to accommodate the longer and heavier engines of the kind which once each night was turned on it, that it was more difficult to balance such an engine, that the pilot of such an engine projected about five feet beyond tire rim of the table, that turning the table the “'right” way with such an engine on it was attended with great difficulty, if it could be turned at all, and that it was the practice, in which the foreman sometimes participated, to turn…
2Cases cited36 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
31 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1916
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Sealey-Christian v. Sunny Isle Shopping Center, Inc.Supreme Court of The Virgin Islands · 2009
- State v. United States Express Co.Supreme Court of Iowa · 1914
- Chicago, R. I. & P. Ry. Co. v. RogersSupreme Court of Oklahoma · 1916
14 more not listed; retrieve them via the Exa API.