Legal Opinion
Cincinnati, N. O. & T. P. Ry. Co. v. Eller
Court of Appeals for the Sixth Circuit
Decided June 10, 1952No. 11455PublishedCited by 3 opinions
1Opinion of the Court
SIMONS, Chief Judge.
The appellant assails a judgment for damages resulting from the death of the ap-pellee’s decedent who was killed by the appellant’s railroad train at a grade crossing, in Kentucky, on the night of March 31, 1950. Issues perceived are whether there was substantial evidence to support the charge of negligence by the operators of the train, contributory negligence on the part of the decedent, and a causal relation between the alleged negligence and the decedent’s death. There is some dispute as to evi-dentiary facts but the principal controversy revolves about permissible…
2Cases cited9 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Galloway v. United StatesSupreme Court of the United States · 1943
- Southern Railway Co. v. WaltersSupreme Court of the United States · 1931
- Fort Dodge Hotel Co. of Fort Dodge v. BarteltCourt of Appeals for the Eighth Circuit · 1941
- Howell Turpentine Co. v. Commissioner of Internal Rev.Court of Appeals for the Fifth Circuit · 1947
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3Cited by3 opinions
- Fed. Sec. L. Rep. P 94,202 Sundstrand Corporation, a Delaware Corporation v. Standard Kollsman Industries, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1973
- Barbara O'brien, Administratrix of the Estate of Richard J. O'brien, Deceased v. Willys Motors, Inc., a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1967
- Cincinnati, N. O. & T. P. Ry. Co. v. EllerCourt of Appeals for the Sixth Circuit · 1952