Norfolk & W. Ry. Co. v. Gesswine
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. This was an action for negligently running over and killing Henry Gess-wino, the intestate of the defendant in error.
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In Error to the Circuit Court of the United States for the Southern District of Ohio. This was an action for negligently running over and killing Henry Gess-wino, the intestate of the defendant in error. Gesswine was a section hand in the employment of the railroad company at the time of liis injury, and was engaged as one of a gang of hands in impairing the company's main track within the eori>orate limits of the city of Ironton, Ohio, and was run over and killed by a passing passenger train. This train was a regular train and was ordinarily on time. On. this occasion it was a few minutes…
1Opinion of the Court 1
After having made the foregoing statement of the case,
2Opinion of the Court · LurtonLurton, Circuit Judge
To justify a recovery by .a trackman for an injury sustained while engaged in repairing track from collision with a passing train, it is indispensable that the proximate cause of his injury shall be shown to have been the neglect by the railway company of some duty due tó him in respect to his protection from injury by passing trains.
Upon this subject the circuit judge, who presided at the trial of this case, correctly stated the law, when he said:
“Now, this man was one of a number of men who were employed as section men on the railroad.…
3Cases cited10 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Quinlan v. PewCourt of Appeals for the First Circuit · 1893
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
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4Cited by25 opinions
- Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1912
- Brock v. Mobile & Ohio RailroadSupreme Court of Missouri · 1932
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
- Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
- Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
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