Kenney v. Meddaugh
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is an action to recover damages for the alleged wrongful- death of Cornelius J. O’Brien. The lower court at the close of all the evidence, upon motion of defendants, directed a verdict for them. The judgment rendered thereon is complained of herein.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is an action to recover damages for the alleged wrongful- death of Cornelius J. O’Brien. The lower court at the close of all the evidence, upon motion of defendants, directed a verdict for them. The judgment rendered thereon is complained of herein. The accident which resulted in O’Brien’s death happened after dark on the evening of February 1, 1900, at Climax, a station on the Western division of defendants’ railroad, extending from Battle Creek, Mich., to Chicago, 111. It is the second station west…
1Opinion of the CourtCochran, District Judge
It is urged as ground of reversal of the judgment of the lower court that it erred in giving the peremptory instruction. The grounds upon which it was requested by defendants were three: That, as a matter of law, defendants had not been guilty of negligence ; that, likewise, decedent had assumed the risk of the proximity of the mail crane to the track; and that, likewise, if defendants had been guilty of negligence, decedent had been guilty of contributory negligence. The lower court, in giving that instruction, gave no intimation, so far as the record shows, as to the ground of its action.…
2Cases cited33 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
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3Cited by10 opinions
- Howe v. Michigan Central RailroadMichigan Supreme Court · 1926
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Hoch v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- National Steel Co. v. HoreCourt of Appeals for the Sixth Circuit · 1907
- Riley v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1904
5 more not listed; retrieve them via the Exa API.