Robinson v. Louisville Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. The Louisville Railway Company operates a street railroad on Portland avenue, a much-traveled street, in the city of Louisville, where the plaintiff was riding on the hack of a heavily loaded wagon, being driven in an easterly direction by one Green, his employer, in the track of the defendant, on the evening of-September 22, 3899,-when-an electric ear going- in,the ¡samp direction collided with…
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In Error to the Circuit Court of the United States for the District of Kentucky. The Louisville Railway Company operates a street railroad on Portland avenue, a much-traveled street, in the city of Louisville, where the plaintiff was riding on the hack of a heavily loaded wagon, being driven in an easterly direction by one Green, his employer, in the track of the defendant, on the evening of-September 22, 3899,-when-an electric ear going- in,the ¡samp direction collided with tbe wagon, throwing the plaintiff to the ground -an The court instructed the jury that the defendant’s, negligence, for…
1Opinion of the CourtWanty, District Judge
Taking the instructions as a whole, the jury must have understood that the question of the defendant’s negligence should be confined to the time between the discovery of the wagon by the motorman and the collision. The court seems to have applied to the facts of this case the rule governing the liability of a defendant operating a steam railroad for injury to a person upon its right of way where the injury must be willfully inflicted, or caused by negligence so gross as to authorize the inference of willfulness to sustain a recovery. In such a case the company owes no duty to trespassers upon…
2Cases cited6 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Hicks v. Citizens' Railway Co.Supreme Court of Missouri · 1894
- Cincinnati St. Ry. Co. v. WhitcombCourt of Appeals for the Sixth Circuit · 1895
- La Pontney v. Shedden Cartage Co.Michigan Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rothe v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1912
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Payne v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1911
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
- Kansas City Southern Ry. Co. v. ClintonCourt of Appeals for the Eighth Circuit · 1915
13 more not listed; retrieve them via the Exa API.