Pittsburg, C. & St. L. Ry. Co. v. Hood
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of title United States for the Southern District of Oiiio. This was an action to recover damages for the death of plaintiff’s intestate, based upon 1he ground that the injury which resulted in death was caused by the wrongful act and negligence of the defendant. The injury was sustained on a public landing in the city of Cincinnati, on the morning of September 10, 1805, at 6:50 a. m.
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In Error to the Circuit Court of title United States for the Southern District of Oiiio. This was an action to recover damages for the death of plaintiff’s intestate, based upon 1he ground that the injury which resulted in death was caused by the wrongful act and negligence of the defendant. The injury was sustained on a public landing in the city of Cincinnati, on the morning of September 10, 1805, at 6:50 a. m. This public landing is an open space on the river front, and is a large landing; equal in dimensions to about two ordinary city blocks. It extends from the river across the line of…
1Opinion of the CourtClark, District Judge
In relation to the first ground on which the right to recover was rested, the court charged the jury as follows:
“It being conceded, gentlemen, that the train of the defendant was unlawfully upon the public landing, in violation of the ordinance forbidding it to be there at all at that time, and that it frightened the horses of Hood and thereby caused the injury of which Hood died, a prima facie case of negligence •on the part of the defendant is presented, which will entitle the plaintiff to recover, unless it appears from the evidence that Hood was himself in fault, and that he was guilty of…
2Cases cited26 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Joy v. St. LouisSupreme Court of the United States · 1891
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
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3Cited by8 opinions
- Yackee v. Village of NapoleonOhio Supreme Court · 1939
- Allen v. ClausenWisconsin Supreme Court · 1902
- Sincerney v. City of Los AngelesCalifornia Court of Appeal · 1921
- The People v. Commonwealth Edison Co.Illinois Supreme Court · 1941
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
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