Legal Opinion

Lake Erie & W. Ry. Co. v. Craig

Court of Appeals for the Sixth Circuit

Decided January 30, 1896No. 374PublishedCited by 20 opinions

In error to the Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is a writ of error brought to review the. judgment of the circuit court for the Northern district of Ohio in a suit brought by Frank B. Craig, defendant in error, to recover damages for personal injuries from the Lake Erie & Western Railway Company, plaintiff in error.

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In error to the Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is a writ of error brought to review the. judgment of the circuit court for the Northern district of Ohio in a suit brought by Frank B. Craig, defendant in error, to recover damages for personal injuries from the Lake Erie & Western Railway Company, plaintiff in error. The judgment was in favor of Craig, for $12,000. Craig was conductor or foreman of a night switching crew in the yards of the railway company at Lima, Ohio. He had been in the employ of the company for nearly three…

1Opinion of the CourtTaft, Circuit Judge

(after stating the facts as aboye). The liability of the defendant railway company was asserted by the plaintiff on the ground that it had failed to block a railway frog in its yard at Lima, in violation of a statute of Ohio passed March 23, 1888 (85 Ohio Laws, 105), requiring all railway corporations operating railways in the state to block or fill such frogs, for the safety of their employes, and imposing a punishment for failure to do so. We have already held, in Railroad Co. v. Van Horne, 16 C. C. A. 182, 69 Fed. 139, that the effect of this statute is to make a failure by a railroad…

2Cases cited3 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Smithwick v. Hall & Upson Co.Supreme Court of Connecticut · 1890
  3. Cincinnati, II. & D. R. v. Van HorneCourt of Appeals for the Sixth Circuit · 1895

3Cited by20 opinions

  1. Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
  2. Green v. Western American Co.Washington Supreme Court · 1902
  3. Erie R. Co. v. KaneCourt of Appeals for the Sixth Circuit · 1902
  4. W. A. Hover & Co. v. Denver & R. G. W. R.Court of Appeals for the Eighth Circuit · 1927
  5. Erie R. v. WhiteCourt of Appeals for the Sixth Circuit · 1911

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