Cincinnati, N. O. & T. P. Ry. Co. v. Farra
Court of Appeals for the Sixth Circuit
In Error to tbe Circuit Court of tbe United States for tbe District of Kentucky. The defendant in error Mrs. Maggie Farra, while driving across the tracks of the defendant railroad, at a public road crossing, came into collision with a rapidly moving passenger train, passing on said railroad, and received very-serious injuries.
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In Error to tbe Circuit Court of tbe United States for tbe District of Kentucky. The defendant in error Mrs. Maggie Farra, while driving across the tracks of the defendant railroad, at a public road crossing, came into collision with a rapidly moving passenger train, passing on said railroad, and received very-serious injuries. She instituted suit for damages in the circuit court of Jessamine county, Ky., which was removed by the plaintiff in error to the United States circuit court for the district of Kentucky. Mrs. Farra’s petition alleged that the collision was due to the negligence of the…
1Opinion of the CourtLurton, Circuit Judge
The only question arising upon the errors assigned is as to the contributory negligence of the defendant in error. Were the circumstances so clear, and the inference of law so plain, that the court should have instructed for the plaintiff in error? That the defendant in error did not stop for the purpose of looking and listening was an admitted fact. If the omission of that precaution was negligence per se, then the instruction asked for at the conclusion of thje evidence should have been granted. To have given the instruction in the language of the request respecting the duty to stop if the…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Patton v. Pennsylvania Rd. Co.Ohio Supreme Court · 1939
- Farnsworth v. Tampa Electric Co.Supreme Court of Florida · 1911
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- McGhee v. WhiteCourt of Appeals for the Sixth Circuit · 1895
- Cincinnati St. Ry. Co. v. WhitcombCourt of Appeals for the Sixth Circuit · 1895
16 more not listed; retrieve them via the Exa API.