Sheehan v. St. Paul & D. Ry. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. The plaintiff was injured by a locomotive which was operated by an engineer of the defendant, and ran over and severed the plaintiff’s foot, while caught in an iron cattle guard, in the track of the defendant’s railroad, in the village of Carlton, Minn.
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. The plaintiff was injured by a locomotive which was operated by an engineer of the defendant, and ran over and severed the plaintiff’s foot, while caught in an iron cattle guard, in the track of the defendant’s railroad, in the village of Carlton, Minn. He was attempting to walk in a place and under conditions wherein it was ruled by the trial court that he was clearly a “trespasser on the track,” and the record states that “the plaintiff takes no exception to such rule.” The injury occurred at about…
1Opinion of the CourtSeaman, District Judge
If there is evidence in this record which would sustain a verdict that the injury of the plaintiff was caused by a breach on the part of the defendant of a duty or obligation which it had incurred towards the plaintiff, it is clear that the question of its liability was for the jury to determine. Failing such evidence, it would become a question of law, to be withdrawn from the jury by directing a verdict Even if the evidence is “clearly preponderant” against negligence, or is “of such conclusive character that the court, in the exercise of a sound judicial discretion, would he compelled to…
2Cases cited7 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
- Cleveland, C., C. & St. L. Ry. Co. v. TarttCourt of Appeals for the Seventh Circuit · 1894
- Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Wright v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KleeIndiana Supreme Court · 1900
- Miller v. General Motors Corp.Appellate Court of Illinois · 1990
- Sears v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1924
- Krysiak v. Pennsylvania R.Court of Appeals for the Third Circuit · 1921
- The ChancellorCourt of Appeals for the Second Circuit · 1929
6 more not listed; retrieve them via the Exa API.