Erie R. v. Schultz
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by August F. Schultz,'guardian of John Balke, against the Erie Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SEVERENS, Circuit Judge.
The defendant in error brought this action as guardian for John Bailee,' who is alleged to be insane, against the Erie Railroad Company, to recover damages for an injury to his ward, resulting from the negligence of that company in failing to close its gates at a street crossing in the city of Cleveland, or otherwise give him warning of an approaching engine when he was attempting to cross its tracks. The case was tried before a jury, and there was a verdict and judgment for the plaintiff.
The circumstances of the case appear to be these: The tracks of the company at…
2Cases cited5 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Cincinnati, N. O. & T. P. Ry. Co. v. FarraCourt of Appeals for the Sixth Circuit · 1895
- Chicago, R. I. & P. Ry. Co. v. PoundsCourt of Appeals for the Eighth Circuit · 1897
- Shatto v. Erie R.Court of Appeals for the Sixth Circuit · 1903
- McCann v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1901
3Cited by2 opinions
- Erie R. Co. v. SchultzCourt of Appeals for the Sixth Circuit · 1911
- Choctaw, O. & G. R. v. JacksonCourt of Appeals for the Eighth Circuit · 1911