Erie R. v. Rooney
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by Frank J. Rooney against the Erie Railroad Company. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
The defendant in error (hereafter called the plaintiff) recovered verdict and judgment against the plaintiff in error (defendant below) on account of personal injuries received by plaintiff in the course of his employment by defendant as engine hostler. A motion for a new trial was denied. The facts are these:
While plaintiff was driving a locomotive over a lead track in defendant’s yard at Kent, Ohio, for the purpose of coaling the tender at the tipple, the cab in which the plaintiff was riding collided with the end of an empty coal car, projecting or pushed over from a…
2Cases cited3 opinions
- Milwaukee Mechanics' Ins. v. B. S. Rhea & SonCourt of Appeals for the Sixth Circuit · 1903
- Byers v. Carnegie Steel Co.Court of Appeals for the Sixth Circuit · 1908
- Mason & O. R. v. YockeyCourt of Appeals for the Sixth Circuit · 1900
3Cited by15 opinions
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Parrent v. Mobile Ohio Railroad Co.Supreme Court of Missouri · 1934
- Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
- Bloecher v. DuerbeckSupreme Court of Missouri · 1936
- Hales v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1912
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