Legal Opinion

American Ry. Express Co. v. Crabtree

Court of Appeals for the Sixth Circuit

Decided February 8, 1921No. Nos. 3407, 3436PublishedCited by 6 opinions

In Error to the District Court oE the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by John P. Crabtree against the American Railway Express Company. Judgment for plaintiff, and both parties bring error.

1Opinion of the Court

DENISON, Circuit Judge.

The Express Company maintained an office at a small station in Kentucky, and its agent received from the railroad, consigned to an oil company in the vicinity, an iron wheel 42 inches in diameter, and with a rim 10 inches wide, and weighing about 200 pounds. The Express Company’s agent, instead of putting this in the warehouse until it should be called for, left it standing on the cinder platform, tilted over against the loading platform. The children of the town were in the habit of playing about the station building and grounds. On Sunday afternoon two boys tilted the…

2Cases cited3 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  3. Escanaba Mfg. Co. v. O'DonnellCourt of Appeals for the Sixth Circuit · 1914

3Cited by6 opinions

  1. United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
  2. Empire District Electric Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1936
  3. Large v. WilliamsCalifornia Court of Appeal · 1957
  4. Harris v. RobersonDistrict Court, District of Columbia · 1943
  5. Davis Ex Rel. Davis v. CunninghamNebraska Supreme Court · 1976

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