Louisville & N. R. v. Wene
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Mattie I. Wene, as administratrix of the estate of William Wene, deceased, against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant brings error. On October 8, 1908, at about 4:40 o’clock p. m., the decedent.of defendant in error (the latter being herein termed “plaintiii”) was killed at Mt.
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In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Action by Mattie I. Wene, as administratrix of the estate of William Wene, deceased, against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant brings error. On October 8, 1908, at about 4:40 o’clock p. m., the decedent.of defendant in error (the latter being herein termed “plaintiii”) was killed at Mt. Vernon, Ill., by the collision of passenger train No. 52 of plaintiff in error (herein entitled “defendant’,’) with its freight train known as No. 72 of…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). [1] It is conceded that defendant was engaged in interstate commerce and subject to the provisions of the so-called Federal Employer’s Liability Act of April 22, 1908.
In its brief, at page 19, defendant says:
“The question at bar raised by the various assignments of error may with propriety be grouped into almost a single legal question, although presented in different forms. Can a plaintiff injured, being himself the offending and negligent factor, his negligence being the proximate cause of the injury, recover against his master for his injury? ■ Or,…
2Cases cited2 opinions
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SudhoffIndiana Supreme Court · 1910
3Cited by18 opinions
- McCarthy v. Pennsylvania R. Co.Court of Appeals for the Seventh Circuit · 1946
- Hines v. SweeneyWyoming Supreme Court · 1921
- Easter v. Virginian Railway Co.West Virginia Supreme Court · 1915
- Spokane & I. E. R. Co. v. CampbellCourt of Appeals for the Ninth Circuit · 1914
- Chadwick v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
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