Chesapeake & O. R. v. Hennessey
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. James M. Hennessey was foreman of a switching crew employed in the yard of the. Chesapeake & Ohio Railroad Company at Russell, Ky. While engaged in making a coupling in the yard of the company, he sustained an injury. This suit was brought to recover damages for the injury so sustained. Russell was the end of a division. All cars passing there were inspected.
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In Error to the Circuit Court of the United States for the District of Kentucky. James M. Hennessey was foreman of a switching crew employed in the yard of the. Chesapeake & Ohio Railroad Company at Russell, Ky. While engaged in making a coupling in the yard of the company, he sustained an injury. This suit was brought to recover damages for the injury so sustained. Russell was the end of a division. All cars passing there were inspected. For this purpose two inspectors were employed. As many as six or eight hundred cars pass Russell each day. When a car was found to be defective, it was…
1Opinion of the CourtLurton, Circuit Judge
If the railroad company is liable to Hennessey, upon the undisputed facts of this case, it must be either because it was negligent in permitting the car in question to be and remain in the damaged and dangerous condition it was when Hennessey, in the course of his duly, undertook to couple it to another car, or because it was negligent in not giving to Hennessey notice of that condition before allowing him to make the coupling.
1. Was the company responsible for the condition of the car which Hennessey was hurt in coupling? There is no positive evidence as to when or how the car was damaged or…
2Cases cited16 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Norman v. Southern Railway Co.Tennessee Supreme Court · 1907
- Britton v. Central Union Telephone Co.Court of Appeals for the Sixth Circuit · 1904
- National Steel Co. v. HoreCourt of Appeals for the Sixth Circuit · 1907
- Kenney v. MeddaughCourt of Appeals for the Sixth Circuit · 1902
9 more not listed; retrieve them via the Exa API.