Erie R. Co. v. Kane
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This is an action by the defendant in error against the plaintiff in error to recover damages for the wrongful death of her intestate, in which she obtained judgment for the sum of $4,000. The accident by which the decedent lost his life happened on the morning of December 17, 1897, after daylight.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. This is an action by the defendant in error against the plaintiff in error to recover damages for the wrongful death of her intestate, in which she obtained judgment for the sum of $4,000. The accident by which the decedent lost his life happened on the morning of December 17, 1897, after daylight. It was a collision between two trains which were being switched in the yard of the plaintiff in error at Niles, Ohio, by two switching crews. In that yard there are two main tracks,…
1Opinion of the CourtCochran, District Judge
i. The plaintiff in error requested the lower court to give to the jury two instructions, in these words:
“No. 1. The court says to you, as a matter of law, that, upon the evidence introduced upon this trial, the plaintiff’s decedent, Thomas Kane, a fireman upon one engine and with one train crew, was, at the time of the accident complained of in this case, a fellow servant with Bowker, the engineer of another engine, with another train crew, whose negligence, it is claimed in this case, was the proximate cause of the accident resulting in Kane’s death, and that therefore the plaintiff cannot…
2Cases cited25 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Crawford v. StateSupreme Court of Alabama · 1895
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
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3Cited by21 opinions
- Chicago College of Osteopathic Medicine v. George A. Fuller Co.Court of Appeals for the Seventh Circuit · 1983
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Koster v. Southern Pacific Co.California Supreme Court · 1929
- Griffin v. San Pedro, Los Angeles & Salt Lake RailroadCalifornia Supreme Court · 1915
- Hutson v. Southern California Ry. Co.California Supreme Court · 1907
16 more not listed; retrieve them via the Exa API.