New York Cent. & H. R. R. v. Difendaffer
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. This is a writ of error sued out by the plaintiff in error (defendant below) to reverse a judgment in favor of the defendant in error for personal injuries sustained by him by reason of a collision occurring on the line of railway of the plaintiff in error at East Buffalo, in the state of New York. The plaintiff below was a porter in a sleeper, and in the service of the Pullman Company.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. This is a writ of error sued out by the plaintiff in error (defendant below) to reverse a judgment in favor of the defendant in error for personal injuries sustained by him by reason of a collision occurring on the line of railway of the plaintiff in error at East Buffalo, in the state of New York. The plaintiff below was a porter in a sleeper, and in the service of the Pullman Company. The collision occurred by reason of an open switch, a freight or switch engine leaving the track and plunging into the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The court correctly charged the jury that the burden of proving fraud rests upon the party asserting it; that fraud must be proven by clear evidence; that if the contract in question was executed without fraud or misrepresentation on the part of the Pullman Company, that contract constitutes a valid defense to the action; that mere failure on the part of the plaintiff to read the contract which he signed would not amount to fraud on the part of the Pullman Company, if the plaintiff at the time had opportunity given to him to read and his failure to read was…
2Cases cited10 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Chicago & N. W. Ry. Co. v. WilcoxCourt of Appeals for the Eighth Circuit · 1902
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Walb Construction Co. v. ChipmanIndiana Supreme Court · 1931
- Blossi v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Woodward v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Denver & Rio Grande Railroad v. WhanSupreme Court of Colorado · 1907
- Sager v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1908
1 more not listed; retrieve them via the Exa API.