Clough v. Grand Trunk Western Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action for injury to an employé of a traveling circus company while riding in a train of cars belonging to his employer, drawn, under a special contract, over defendant’s'road.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. Action for injury to an employé of a traveling circus company while riding in a train of cars belonging to his employer, drawn, under a special contract, over defendant’s'road. The circus company owned as a part of its equipment the cars necessary for the transportation of its animals, property, and employés from place to place, and through its own servants loaded and unloaded these cars to suit its own convenience. For the hauling of these cars upon a schedule arranged to suit its business, it contracted…
1Opinion of the CourtBurton, Circuit Judge
If the contract under which the Wallace Circus was being transported over the railway of the defendant was a valid contract, the relation of the railway company to the circus company was not that of a common carrier at all. That the railway company was under no common-law obligation to move the circus company over its line in the manner it was being transported at the time of the injury to the plaintiff in error must be conceded. If the railway company was under no statutory or common-law obligation to render the special service it was called upon to render there were no reasons of public…
2Cases cited12 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kimmerle v. FarrCourt of Appeals for the Sixth Circuit · 1911
- Chicago & N. W. Ry. Co. v. DavenportCourt of Appeals for the Fifth Circuit · 1953
- McCree v. DavisCourt of Appeals for the Sixth Circuit · 1922
- Mehegan v. Boyne City, Gaylord & Alpena RailroadMichigan Supreme Court · 1913
- Sasinowski v. Boston & M. R. R.Court of Appeals for the First Circuit · 1935
4 more not listed; retrieve them via the Exa API.