Sansom v. Southern Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This ease was brought to recover for the alleged negligence of the railroad company in causing the death of the plaintiff’s intestate, .Tames T. Cowan.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This ease was brought to recover for the alleged negligence of the railroad company in causing the death of the plaintiff’s intestate, .Tames T. Cowan. The testimony, taking the view thereof most favorable to the plaintiff, tended to establish the following facts: Mr. Cowan, having occasion to travel on the railroad of the defendant company, wrote to a friend for-a schedule of the company's trains, and received in answer a time-table, which, among others, gave'the time of train No. 5, upon which he…
1Opinion of the CourtDay, Circuit Judge
In cases where the propriety of the court’s action in instructing a verdict for the defendant is in review, certain general principles are to be borne in mind. The view of the case most favorable to the plaintiff is to be taken in determining whether the case is to be submitted to a jury. In cases of alleged negligence where the facts are undisputed the question of liability is often one of fact, not of law. Except in those cases where the law has clearly defined a specific duty, the omission of which may constitute negligence, the solution of the problem depends upon whether the conduct in…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Bronson v. OakesCourt of Appeals for the Eighth Circuit · 1896
3Cited by5 opinions
- Crandall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
- Minneapolis, St. P. &. S. S. M. Ry. Co. v. GalvinCourt of Appeals for the Sixth Circuit · 1931
- St. Louis, Iron Mountain & Southern Railway Co. v. OliverSupreme Court of Arkansas · 1909
- St. Louis Southwestern Ry. Co. of Texas v. ChristianCourt of Appeals of Texas · 1916
- Louisville Nashville R.R. Co. v. HutchersonCourt of Appeals of Tennessee · 1928