Legal Opinion

Detroit, M. & T. S. L. Ry. Co. v. Ely

Court of Appeals for the Sixth Circuit

Decided November 4, 1913No. 2,356Published

In Error to the District Court of the United States for the Northern District of Ohio; John M. Killits, Judge. Action at law by Flora M. E. Ely against the Detroit, Monroe & Toledo Short Dine Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

KNAPPEN, Circuit Judge.

Defendant in error, who. was the plain- . tiff below, sued to recover damages claimed to have been suffered by her while a passenger on defendant’s line, through a head-end collision between the car on which sne was riding and another of defendant’s cars. The defenses were that plaintiff was not on defendant’s *874car at all; that if she was there she was riding fraudulently, without payment of fare; and that, if she was on the car and was injured, the injuries were slight. There were verdict and judgment for $1,650. The errors assigned relate to the refusal to direct…

2Cases cited9 opinions

  1. Virginia & S. W. Ry. Co. v. HawkCourt of Appeals for the Sixth Circuit · 1908
  2. Toledo, Wabash & Western Railway Co. v. BrooksIllinois Supreme Court · 1876
  3. Hales v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1912
  4. Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
  5. Erie R. v. RooneyCourt of Appeals for the Sixth Circuit · 1911

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