Narramore v. Cleveland, C., C. & St. L. Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of tlie United States for tlie Western Division of the Southern District of Ohio. This writ is brought to review a judgment for the defendant in a suit to recover damages for personal injuries sustained hy plaintiff while in defendant’s employ as a yard switchman in its railroad yards at Cincinnati, Ohio.
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In Error to the Circuit Court of tlie United States for tlie Western Division of the Southern District of Ohio. This writ is brought to review a judgment for the defendant in a suit to recover damages for personal injuries sustained hy plaintiff while in defendant’s employ as a yard switchman in its railroad yards at Cincinnati, Ohio. While plaintiff was attempting to couple two freight cars, his foot was caught; in an unblocked guard rail, and in his effort to extricate tlie foot his right hand was crushed between the drawheads of the cars, and injured so badly as to require, amputation.…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). In the absence of the statute, and upon • common-law principles, we have no doubt that in this case the plaintiff would be held to have assumed ihe risk of the absence of blocks in the guard'rails and switches of the defendant. His denial of knowledge of the fact that the particular guard rail causing the injury was unblocked is entirely immaterial. Nor is his vague statement that he was so- busy as not •to notice whether the rails and switches of plaintiff generally were *300unblocked in a yard where there were hundreds of guard rails and switches, and in…
2Cases cited33 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
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3Cited by118 opinions
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970
- Fed. Sec. L. Rep. P 95,889 Robert Abrahamson and Marjorie Abrahamson v. Malcolm K. FleschnerCourt of Appeals for the Second Circuit · 1978
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
113 more not listed; retrieve them via the Exa API.