Cronopolous v. Pennsylvania Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by Thomas Cronopolous against the Pennsylvania Company. Judgment for defendant, and plaintiff brings error. In the court below a verdict was instructed in favor of the defendant company in the action which Cronopolous had brought against it to recover his damages for injuries from one of the company’s locomotives.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by Thomas Cronopolous against the Pennsylvania Company. Judgment for defendant, and plaintiff brings error. In the court below a verdict was instructed in favor of the defendant company in the action which Cronopolous had brought against it to recover his damages for injuries from one of the company’s locomotives. Through some injury to a car or a package, potatoes, which were being transported by the railroad company, had been scattered on the…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] It is plain that plaintiff was a trespasser upon the railroad property. He was not merely there without any license or right; he was engaged in appropriating to his own use property in which the railroad had at least a bailee’s title. As between himself and the railroad, he was stealing the railroad property. There is no reason why there should be, in his favor, any relaxation of the rule as to injuries to a trespasser, which rule goes at least as far as to hold that the railroad is not liable for such injury unless its employés knew or were chargeable…
2Cases cited5 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Kansas City, Ft. S. & M. R. Co. v. CookCourt of Appeals for the Sixth Circuit · 1895
- Louisville & N. R. v. WomackCourt of Appeals for the Sixth Circuit · 1909
- Louisville & N. R. Co. v. McClishCourt of Appeals for the Sixth Circuit · 1902
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
3Cited by2 opinions
- Director General of Railroads v. ReynoldsCourt of Appeals for the Sixth Circuit · 1920
- Helring v. Delaware & Hudson Co.Court of Appeals for the Second Circuit · 1931