Kansas City, Ft. S. & M. R. Co. v. Cook
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Western District of Tennessee. This writ of error was sued out by the Kansas City, Ft. Scott & Memphis Railroad Company, against which company the appellee, Jesse H. Cook, recovered a judgment for damages sustained by being run over by a locomotive engine while running backward in its private switching yards in the village of West Memphis, state of Arkansas.
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In Error to the Circuit Court of the United States for the Western Division of the Western District of Tennessee. This writ of error was sued out by the Kansas City, Ft. Scott & Memphis Railroad Company, against which company the appellee, Jesse H. Cook, recovered a judgment for damages sustained by being run over by a locomotive engine while running backward in its private switching yards in the village of West Memphis, state of Arkansas. The suit was begun in a state court at Memphis, Tenn., from which the railway company, as a nonresident corporation, removed the suit to the circuit court…
1Opinion of the Court
LTJiTOX. Circuit Judge,
after stating the facts as above, delivered the opinion of the court.
The most favorable statement of the circumstances immediately attendant upon the accident is that made by the defendant in error. The statement was that while in the yard of the appellant company, under the circumstances heretofore stated, and while making his way through that yard for the purpose of reaching the, passenger ferryboat, he was walking upon the most westerly of the yard tracks when he met an engine, with tender attached, coming from the direction of the depot; that he stepped oi¥ of *118that…
2Cases cited14 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- Board of Education v. AremanNew York Court of Appeals · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Hart v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1912
- St. Louis & S. F. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1895
- Louisville & N. R. v. WomackCourt of Appeals for the Sixth Circuit · 1909
- Louisville & N. R. Co. v. McClishCourt of Appeals for the Sixth Circuit · 1902
15 more not listed; retrieve them via the Exa API.