Gwyn v. Cincinnati, N. O. & T. P. R.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. A. G. Foster, the plaintiff’s intestate, was run over and killed by a railway train operated by the servants of the defendant in error. The accident took place in a long, narrow, and dark tunnel, being tunnel No. 26, between Oak-dale and Harriman Junction, Tenn.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. A. G. Foster, the plaintiff’s intestate, was run over and killed by a railway train operated by the servants of the defendant in error. The accident took place in a long, narrow, and dark tunnel, being tunnel No. 26, between Oak-dale and Harriman Junction, Tenn. The deceased bought a ticket at Charleston, W. Va., from the Chesapeake & Ohio Railway Company, for Knoxville, Tenn.; one coupon calling for a passage over the Chesapeake & Ohio Railway Company to Lexington, Ky., another for a passage over the…
1Opinion of the Court
After making the foregoing statement of the facts, the opinion of the court was delivered by
BURTON, Circuit Judge.
It cannot be said that there was not evidence from which the jury might have found that the deceased was put off at a dangerous place, from which he could not reach a place of safety without some risk. Neither was the evidence all one way as to whether he got off voluntarily or not at that place. In view of this state of the evidence, the trial judge announced that upon the matter of negligence there was a question for the jury, and based his instructions to find for the defendant…
2Cases cited7 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
- Jarnagin v. Travelers' Protective Ass'nCourt of Appeals for the Sixth Circuit · 1904
- Hamilton v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1898
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3Cited by4 opinions
- Johnson v. Kosmos Portland Cement Co.Court of Appeals for the Sixth Circuit · 1933
- Bobango v. Erie R.Court of Appeals for the Sixth Circuit · 1932
- Pitcairn v. BrandesCourt of Appeals for the Sixth Circuit · 1937
- Johnson v. Kosmos Portland Cement Co.Court of Appeals for the Sixth Circuit · 1933