Hodges v. Erie R.
Court of Appeals for the Sixth Circuit
,. In Error to the District Court of the United States for the Northern District of Ohio; D. C. Westenhaver, Judge. Action .by William T. Hodges, administrator of .Susanna Hodges, against the Erie ’Railroad Company.. To review .judgment .for defendant, plaintiff brings error.
1Per curiam
Writ to review judgment for defendant on sustaining demurrer to petition.
According to the petition, after defendant’s freight train, on the afternoon of a Sunday in June, had stood about half an hour on a track at die end of a public street running at right angles to the railway-track, thereby blocking passage over a long-existing and well-recognized pathway in common use (to the railway company’s knowledge), which pathway crossed the railway track on the extended line of the street, and led to a nearby and much-used picnic ground, plaintiff’s three year old child walked along the pathway and…
2Cases cited10 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Central Railroad & Banking Co. v. RyleeSupreme Court of Georgia · 1891
- Erie R. v. WeinsteinCourt of Appeals for the Sixth Circuit · 1909
- Henderson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1893
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3Cited by3 opinions
- Phillips v. Jackson, Rec.Indiana Court of Appeals · 1925
- McGinty v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1925
- Director General of Railroads v. ReynoldsCourt of Appeals for the Sixth Circuit · 1920