Winters v. Baltimore & O. R. Co.
U.S. Circuit Court for the District of Southern Ohio
On Motion for Rehearing. The plaintiff was a. member of the defendant’s floating gang engaged in track repairing, and, with about 20 other laborers and a foreman, on the evening of the accident in question, was proceeding homeward on the défendant’s main track on a work train used in transporting laborers to and from their work, and consisting of an engine, a caboose, and two box cars.
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On Motion for Rehearing. The plaintiff was a. member of the defendant’s floating gang engaged in track repairing, and, with about 20 other laborers and a foreman, on the evening of the accident in question, was proceeding homeward on the défendant’s main track on a work train used in transporting laborers to and from their work, and consisting of an engine, a caboose, and two box cars. For the purpose of picking up a gang of Italian laborers who were working on a track leading to a brick plant, the work train about dusk was switched to such truck, and while backing toward the brick plant the…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). The defendant admits the derailment and the plaintiff’s injury. These facts are prima facie proof of the defendant’s negligence. Feital v. Middlesex R. R. Co., 109 Mass. 398, 12 Am. Rep. 720; Little Rock & Ft. Scott Ry. Co. v. Miles, 40 Ark. 298, 48 Am. Rep. 10; Stokes v. Saltonstall, 13 Pet. 181, 10 L. Ed. 115. But notwithstanding this fact, the plaintiff, to recover, must show not only that he was a passenger, but that at the time of the accident he was also in a place where he had a right to be, or at least that the place where he was, if he was not in…
2Cases cited17 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- McGuire v. BlountSupreme Court of the United States · 1905
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3Cited by1 opinion
- Taylor v. Bamberger Electric R.Utah Supreme Court · 1923