Legal Opinion

Chicago Terminal Transfer R. v. Stone

Court of Appeals for the Seventh Circuit

Decided June 12, 1902No. 836PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the District of Indiana. The defendant in error was the plaintiff below, and recovered judgment upon a verdict against Chicago Terminal Transfer Railroad Company, plaintiff in error and defendant below (hereinafter mentioned as the defendant), in an action founded upon the alleged negligence of the defendant in switching operations, Whereby the decedent, Leonard Vanderhere, received injuries which caused his death.

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In Error to the Circuit Court of the United States for the District of Indiana. The defendant in error was the plaintiff below, and recovered judgment upon a verdict against Chicago Terminal Transfer Railroad Company, plaintiff in error and defendant below (hereinafter mentioned as the defendant), in an action founded upon the alleged negligence of the defendant in switching operations, Whereby the decedent, Leonard Vanderhere, received injuries which caused his death. The complaint alleges that the decedent was a car repairer in the service of the defendant, and that his injuries were…

1Opinion of the CourtSeaman, District Judge

(after stating the facts as above). The assignment of errors, though varied in form, presents two only for review: Whether the trial court erred (i) in refusing ^to direct a verdict for the defendant, or (2) in overruling an objection to testimony brought out on the cross-examination of the witness called the defendant.

• 1. The fact that Leonard Vanderhere, the decedent, received the injury from which he died while engaged in the line of duty as car repairer in the defendant’s service, and the circumstances under which such injury occurred, are substantially undisputed. The injury arose in…

2Cases cited5 opinions

  1. Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
  2. Roberts v. GrahamSupreme Court of the United States · 1868
  3. Graves v. StateIndiana Supreme Court · 1889
  4. Louisville, New Albany & Chicago Railway Co. v. ShanksIndiana Supreme Court · 1892
  5. Village of Brooklyn v. OrthweinIllinois Supreme Court · 1891

3Cited by1 opinion

  1. Issaquah Coal Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1903

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