Legal Opinion
Wabash Ry. Co. v. Huelsmann
Court of Appeals for the Eighth Circuit
Decided May 22, 1923No. 6167PublishedCited by 9 opinions
1Opinion of the Court
JOHNSON, District Judge.
It is the general rule in this jurisdiction that a person who drives his team, automobile, or motor truck upon a railroad track at a street or highway crossing in front of an approaching train, which he could have seen had he Jooked, or could have heard had he listehed, is in law guilty of contributory negligence, and cannot recover damages from the railroad company. Pyle v. Clark, 79 Fed. 744, 25 C. C. A. 190; Chicago Great Western Ry. Co. v. Smith, 141 Fed. 930, 73 C. C. A. 164; Union Pac. R. Co. v. Rosewater, 157 Fed. 168, 84 C. C. A. 616, 15 L. R. A. (N. S.) 803,…
2Cases cited10 opinions
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
- Chicago, M. & St. P. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hickey C. Missouri Pacific Railroad Corp. in NebraskaCourt of Appeals for the Eighth Circuit · 1925
- Milk House Cheese Corp. v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1955
- Noble v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1924
- Gibbons v. N. O. Terminal Co.Louisiana Court of Appeal · 1925
- Plucker v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.