Toledo, St. L. & W. R. Co. v. Gordon
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. The defendant in error, George Gordon, was the plaintiff below and recovered verdict and judgment against the Toledo, St. Louis & Western Railroad Company, plaintiff in error, in an action on the case for personal injuries, caused by expulsion from a railroad train.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. The defendant in error, George Gordon, was the plaintiff below and recovered verdict and judgment against the Toledo, St. Louis & Western Railroad Company, plaintiff in error, in an action on the case for personal injuries, caused by expulsion from a railroad train. This writ of error is brought thereupon, and the alleged errors which are relied upon for reversal are (1) refusal of the court to direct a verdict of not guilty, (.2) refusal of instructions requested by tbe plaintiff in error, and (3) an…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts). The primary contention, that the plaintiff in error was entitled to a peremptory instruction in its favor, is untenable, as we believe, in any view of the issues of fact under the rule which governs the expulsion of any person from a railroad train when no contract duty exists. In the absence of the relation of carrier and passenger, it is well settled that the only duty then owing one who is on the train without right is “to abstain from wanton or reckless injury to him” (Purple v. Union Pacific R. Co., 51 C. C. A. 564, 114 Fed. 123, 129, 57 L. R. A. 700), when…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
- Pittsburgh, C., C. & St. L. Ry. Co. v. RussCourt of Appeals for the Seventh Circuit · 1893
- Bosworth v. WalkerCourt of Appeals for the Seventh Circuit · 1897
3Cited by9 opinions
- Southern Railway Co. v. GrubbsSupreme Court of Virginia · 1914
- Pullman Co. v. HallCourt of Appeals for the Fourth Circuit · 1931
- Ætna Life Ins. v. BrewerCourt of Appeals for the D.C. Circuit · 1926
- Kercheval v. AllenCourt of Appeals for the Eighth Circuit · 1915
- Voves v. Great Northern Railway Co.North Dakota Supreme Court · 1913
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