Legal Opinion

Murphy v. Pennsylvania R. Co.

Court of Appeals for the Sixth Circuit

Decided October 17, 1924No. Nos. 4030, 4031PublishedCited by 5 opinions

1Per curiam

The only complaint is that the trial judge, when his attention was called thereto after the general charge, failed to instruct the jury that they might predicate actionable negligence upon the lack of gate or watchman at this-crossing, and even in the absence of statutory requirement therefor, because this' crossing was “especially dangerous” and “more than ordinarily hazardous.” Grand Trunk Ry. Co. v. Ives, 144 U. S. 408, 421, 12 Sup. Ct. 679, 684 (36 L. Ed. 485).

Passing by the lack of any definite assignment of error upon this point, and disregarding also any doubt as to the formal…

2Cases cited1 opinion

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892

3Cited by5 opinions

  1. Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
  2. Baltimore & OR Co. v. ReevesCourt of Appeals for the Sixth Circuit · 1926
  3. Norfolk & W. Ry. Co. v. HolbrookCourt of Appeals for the Sixth Circuit · 1928
  4. Strider v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1932
  5. Lehigh Valley R. v. CiechowskiCourt of Appeals for the Second Circuit · 1925

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