Goodlander Mill Co. v. Standard Oil Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. Action on the case by the Goodlander Mill Company against the Standard Oil Company. In November, 1887, the defendant shipped in a tank car from Lima, Ohio, to the Ft Scott Gas Company, at Ft. Scott, Kan., some 6,000 gallons of crude petroleum, deliverable to that company at .East St Louis.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. Action on the case by the Goodlander Mill Company against the Standard Oil Company. In November, 1887, the defendant shipped in a tank car from Lima, Ohio, to the Ft Scott Gas Company, at Ft. Scott, Kan., some 6,000 gallons of crude petroleum, deliverable to that company at .East St Louis. The tank car had a discharge pipe in the bottom and about the center of the tank, some four inches in diameter, and projecting about six inches below the bottom. The projection was threaded to receive a heavy cap…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts). Without doubt, whether a given act or omission is the proximate cause of an injury is ordinarily a question for a jury. Railway Co. v. Kellogg, 94 U. S. 469. This, however, is subject to the well-settled rule that the court should withdraw a case from the jury, and direct a verdict, when the undisputed evidence is so conclusive that the court should set aside a verdict in opposition thereto. North Pennsylvania R. Co. v. Commercial Nat. Bank, 123 U. S. 727, 733, 8 Sup. Ct. 266; Railroad Co. v. Converse, 139 U. S. 469, 472, 11 Sup. Ct. 569; Elliott v. Railway Co., 150…
2Cases cited22 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Savings Bank v. WardSupreme Court of the United States · 1880
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Insurance Co. v. BoonSupreme Court of the United States · 1877
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- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Johns-Manville, Inc. v. PockerCourt of Appeals for the Eighth Circuit · 1928
- Potter v. Chicago Pneumatic Tool Co.Supreme Court of Connecticut · 1997
- McKethean v. Washington Metropolitan Area Transit AuthorityDistrict of Columbia Court of Appeals · 1991
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
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