Cowen v. Grabow
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. The defendant in error, who was the plaintiff below, hereafter referred to as the “plaintiff,” brought this action against John K. Cowen and Oscar G. Murray, receivers of the Baltimore & Ohio Railroad Company, hereafter called the “defendants,” to recover damages for personal injuries he received in an accident at the village of Hamler, Ohio, about noon of April 16, 1898. The plaintiff, who…
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of Ohio. The defendant in error, who was the plaintiff below, hereafter referred to as the “plaintiff,” brought this action against John K. Cowen and Oscar G. Murray, receivers of the Baltimore & Ohio Railroad Company, hereafter called the “defendants,” to recover damages for personal injuries he received in an accident at the village of Hamler, Ohio, about noon of April 16, 1898. The plaintiff, who had lived near Hamler for many years, and was perfectly familiar with the crossing where the accident occurred, had…
1Opinion of the CourtWanty, District Judge
The negligence imputed to the defendants was the failure to blow the whistle and ring the bell when approaching the crossing, where *259the view from the highway was obstructed by the buildings and a number of freight cars which were scattered along the track as far as the Detroit & Dima Northern crossing. There was a sharp conflict in the .evidence regarding the giving of any signal by the defendants, and their negligence in that matter was found by the jury under proper instructions.
The only error urged in this court is the refusal of the trial judge to give a peremptory instruction for the…
2Cited by3 opinions
- Shatto v. Erie R.Court of Appeals for the Sixth Circuit · 1903
- New York, S. & W. R. v. ThiererCourt of Appeals for the Second Circuit · 1915
- Garrett v. Illinois Cent. R.U.S. Circuit Court for the District of Western Tennessee · 1903