Payne v. Haubert
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by John Haubert, administrator, against John Barton Payne, Director General of Railroads. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Action at law by John Haubert, administrator, against John Barton Payne, Director General of Railroads. Judgment for plaintiff, and defendant brings error. This proceeding in error is prosecuted in this court to reverse the judgment of the United States District Court, Northern District of Ohio, Eastern Division, in an action brought in that court by John Haubert, administrator of the estate of Rose Haubert, deceased, against the' Baltimore & Ohio Railroad…
1Opinion of the CourtDonahue, Circuit Judge
(after slating the facts as above). It is insisted upon the part of the plaintiff in error that the court erred in charging the jury that speed was an issue in the case because, while the petition avers the defendant ran its train over this crossing at a high and dangerous rate of speed, yet it does not specifically charge that this high and dangerous rate of speed was negligence. It is clear, however, that the petition does charge negligence in this respect. That fact seems to be recognized by counsel for plaintiff in error as appears by the following statement on page 3 of his brief;
“And…
2Cases cited5 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Lincoln v. PowerSupreme Court of the United States · 1894
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Yates v. Whyel Coke Co.Court of Appeals for the Sixth Circuit · 1915
- Leahy v. Detroit, M. & T. Short Line Ry.Court of Appeals for the Sixth Circuit · 1917
3Cited by6 opinions
- Bourjois, Inc. v. McGowanCourt of Appeals for the Second Circuit · 1936
- Hauptman v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- Travelers Ins. Co. v. BancroftCourt of Appeals for the Tenth Circuit · 1933
- Shaffer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1923
- Chicago, R. I. & P. Ry. Co. v. FanningCourt of Appeals for the Tenth Circuit · 1930
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