Landers v. Erie R. Co.
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; John H. Clarke, Judge. Action by Jennie Danders, administratrix, against the Erie Railroad Company. There was a judgment for defendant, and plaintiff brings error.
1Opinion of the Court
DENISON, Circuit Judge.
Plaintiff in error was plaintiff below. Her intestate was killed by defendant’s switch engine at a highway crossing in the village of Kent, Ohio. The trial court directed a verdict for defendant, on the ground of contributory negligence. Danders, the man killed, was under no contract relationship with the railroad.
The accident happened about 9 o’clock, p. m., on April 22d. Danders was on foot, going west. There were two north and south railroad tracks, constituting the double track of the main line. The crossing was protected on both sides by gates, and supplementary…
2Cases cited4 opinions
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Erie R. Co. v. SchultzCourt of Appeals for the Sixth Circuit · 1911
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
- Bartimore & O. R. v. AndersonCourt of Appeals for the Sixth Circuit · 1896
3Cited by5 opinions
- Wabash Ry. Co. v. WalczakCourt of Appeals for the Sixth Circuit · 1931
- Canadian Pac. Ry. Co. v. SlaytonCourt of Appeals for the Second Circuit · 1928
- Wabash Ry. Co. v. GlassCourt of Appeals for the Sixth Circuit · 1929
- Leuthold v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1929
- Chesapeake & O. Ry. Co. v. PopeCourt of Appeals of Kentucky (pre-1976) · 1943