Flannelly v. Delaware & Hudson Co.
Supreme Court of the United States
CERTIORARI TO-THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The facts, which involve the question of negligence of a railroad company and degree of care required by one crossing a track, are stated in the opinion.. No question of law was before the Circuit Court of Appeals; no bill of exceptions had been signed.
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CERTIORARI TO-THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The facts, which involve the question of negligence of a railroad company and degree of care required by one crossing a track, are stated in the opinion.. No question of law was before the Circuit Court of Appeals; no bill of exceptions had been signed. The case went up on exceptions to the court’s overruling defendant’s motion for judgment for defendant notwithstanding the verdict for plaintiff and such a motion is unknown to the common law. Freeman on Judgment, § 7; Smith v. Power, 15 N. H. 546; German Insurance Company v.…
1Opinion of the CourtJustice Van Devanter
This was an action to recover damages for injuries and loss occasioned, as was alleged, by negligence of a railroad company resulting in the collision of one of its trains with a vehicle passing over a grade crossing in Pennsylvania. The negligence charged against the defendant was the failure to give due and timely warning of the approach of the train, and the defense interposed was the freedom of the defendant from the negligence charged, and the failure of one of the plaintiffs, who was driving the vehicle, to take reasonable precautions, before attempting to drive over the crossing, to…
2Cited by38 opinions
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Fish v. Southern Pacific Co.Oregon Supreme Court · 1943
- Koster v. Southern Pacific Co.California Supreme Court · 1929
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