McGhee v. White
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. This was an action by William White, administrator of Green-Kennedy, deceased, against Charles M. McGhee and Henry Fink, receivers of the East Tennessee, Virginia & Georgia Railway Company, to recover damages for negligence causing the death of said Kennedy. In the circuit court plaintiff recovered judgment.
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In Error to the Circuit Court of the United States for the District of Kentucky. This was an action by William White, administrator of Green-Kennedy, deceased, against Charles M. McGhee and Henry Fink, receivers of the East Tennessee, Virginia & Georgia Railway Company, to recover damages for negligence causing the death of said Kennedy. In the circuit court plaintiff recovered judgment. Defendants bring error. . Plaintiffs in error were receivers of the East Tennessee, Virginia & Georgia. Railway Company, and as such operated the Louisville Southern Railroad under a lease from the Louisville…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). It is contended on behalf of the plaintiffs in error that the uncontradicted evidence shows that Kennedy attempted, after seeing the freight train coming, to cross in advance of it. If this were true, it would have been the duty of the court below to charge the jury to return a verdict for the receivers. It is true that Bertha Caldwell is the only witness who testifies that she had in her sight Green Kennedy as he approached the crossing all the time until he was struck, and that she says that he saw the train, and attempted to get over before it, and whipped up his…
2Cases cited4 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Cincinnati, N. O. & T. P. Ry. Co. v. FarraCourt of Appeals for the Sixth Circuit · 1895
3Cited by20 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Northern Pac. Ry. Co. v. SpikeCourt of Appeals for the Eighth Circuit · 1903
- Tiffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Erie R. v. WeinsteinCourt of Appeals for the Sixth Circuit · 1909
- Gilchrist v. EustromCourt of Appeals for the Eighth Circuit · 1895
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