McDonald v. Toledo Consol, St. Ry. Co.
Court of Appeals for the Sixth Circuit
Error to tlu* Circuit Court of the United Htafces for the Western Division of the Xoriiiern District of Oído. This is an action for personal injuries sustained by plaintiff’s buggy being suddenly overturned while driving on one of the streets of Toledo, whereby he was thrown out with such force and violence as to inflict great injury upon his person.
Read the full summary
Error to tlu* Circuit Court of the United Htafces for the Western Division of the Xoriiiern District of Oído. This is an action for personal injuries sustained by plaintiff’s buggy being suddenly overturned while driving on one of the streets of Toledo, whereby he was thrown out with such force and violence as to inflict great injury upon his person. The defendant is a corporation owning and operating' a line of electric street cars under franchises granted by the state of Ohio and the city of Toledo. The petition alleges that on the 13th of February, 1894, much snow fell, which formed a snow…
1Opinion of the CourtLurto’N, Circuit Judge
(after stating the facts as above). The facts stated in the petition make a case' where two acts of alleged negligence combined to bring about a catastrophe by which plaintiff sustained severe personal injuries. We will consider these acts separately. First, as to the manner in which plaintiff's horses were frightened. The averment is that the car was standing when plaintiff undertook to pass it, and that when he was alongside of the car the servants of defendant company wrongfully, carelessly, and negligently started the car, and that “the noise caused by the same and the appliances…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Pittsburg, C. & St. L. Ry. Co. v. HoodCourt of Appeals for the Sixth Circuit · 1899
- Pollock v. Wheeling Traction Co.West Virginia Supreme Court · 1919
- Shugart v. Atlanta, K. & N. Ry.Court of Appeals for the Sixth Circuit · 1904
10 more not listed; retrieve them via the Exa API.