Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action by the South Pork Coal Company, a corporation, which was operating a sawmill near Oneida, Tenn., for the loss by fire of a large quantity of lumber stacked upon the railway’s right of way near its station at Oneida.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action by the South Pork Coal Company, a corporation, which was operating a sawmill near Oneida, Tenn., for the loss by fire of a large quantity of lumber stacked upon the railway’s right of way near its station at Oneida. The fire occurred October 23, 1902. The evidence tended to show that the lumber had been hauled from time to time from the mills of plaintiff and stacked on the right of way, several hundred feet from the station, but at a place customarily used for stacking lumber for…
1Opinion of the Court
, EURTON, Circuit Judge,
after making the foregoing statement of the case, delivered the opinion of the court.
Under an exception to the refusal of the court to withdraw the case from the jury and an exception to the charge and for refusal to charge certain requests submitted, just two questions are made. The first is, would the railroad company be liable for á loss of the plaintiffs lumber by fire originating from a negligent collision between two of its trains ? and, second, if that be conceded, was there prima facie evidence that the collision was the result of negligence in the management…
2Cases cited41 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
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3Cited by45 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Connor v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1922
- Sullivan v. CrabtreeCourt of Appeals of Tennessee · 1953
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HoffmanIndiana Court of Appeals · 1914
- Knoefel v. AtkinsIndiana Court of Appeals · 1907
40 more not listed; retrieve them via the Exa API.