Baltimore & O. R. v. Wood
Court of Appeals for the Third Circuit
, In Error to- the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action by George Wood against the Baltimore & Ohio Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOOEEEY, Circuit Judge.
The question is, whether the trial court erred in omitting to instruct the jury that it was the duty of the driver of a vehicle, who had stopped, looked and listened when approaching a railroad track at grade, to look and listen as he drove on and across the track.
This suit was instituted to recover for damage to the plaintiff’s motor truck caused by collision with a train, at night, at a point in the outskirts of the City of Chester where a highway crosses at grade the tracks of the defendant railroad company. The highway turns at a right angle and then on an up grade…
2Cases cited16 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Texas & Pacific Railway Co. v. VolkSupreme Court of the United States · 1894
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kinghorn v. Pennsylvania R.Court of Appeals for the Second Circuit · 1931
- Weaver v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Delaware & H. R. Corp. v. CottrellCourt of Appeals for the Third Circuit · 1934
- Jones v. New York, C. & St. L. R.District Court, N.D. Ohio · 1952
- New York, C. & St. L.R. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1953