Pacific Telephone & Telegraph Co. v. Hoffman
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Eastern District of Washington; Frank II. Rud-kin, Judge. Consolidated actions by Otto Hoffman, by E. J. Morrison, by Ciar-, ence E. Maxfield, and by George F. Mottet and others, against the Pacific Telephone & Telegraph Company. From a judgment in favor of the plaintiff in each case, defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Southern Division of the Eastern District of Washington; Frank II. Rud-kin, Judge. Consolidated actions by Otto Hoffman, by E. J. Morrison, by Ciar-, ence E. Maxfield, and by George F. Mottet and others, against the Pacific Telephone & Telegraph Company. From a judgment in favor of the plaintiff in each case, defendant brings error. The writ of error in this cause brings up for review four separate actions: One by Otto Hoffman against the Pacific Telephone & Telegraph Company; a second by E. J. Morrison against the Pacific Telephone…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] 1. It is contended by the defendant that as between the obstruction to the passage of the automobile caused by the guy wire, and the obstruction caused by the railroad crossing, the evidence is not sufficient to show that the guy wire was the cause of the accident, invoking the rule that where one of two or more things may have caused the accident, for one of which the defendant is responsible, and for the other he is not, it is not for the jury to guess or speculate between these causes, and find that the negligence of the defendant' was the real cause…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- McDermott v. SevereSupreme Court of the United States · 1906
- Dotson v. MillikenSupreme Court of the United States · 1908
- Sheldon v. Western Union Telegraph Co.New York Supreme Court · 1889
3Cited by13 opinions
- Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
- Wyatt v. Chesapeake & Potomac Telephone Co.Supreme Court of Virginia · 1932
- Miller v. PriceSupreme Court of Oklahoma · 1934
- Inland Power & Light Co. v. GriegerCourt of Appeals for the Ninth Circuit · 1937
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
8 more not listed; retrieve them via the Exa API.