Chicago & N. W. Ry. Co. v. O'Brien

Citations

• 153 F. 511
• 82 C.C.A. 461
• 1907 U.S. App. LEXIS 4424

Syllabus

<p>3. Railroads — Injuries to Licensee — Speed—Negligence.</p> <p>In general, in the absence of a regulating statute or ordinance, a carrier may run its trains at such a rate of speed as it deems convenient for the conduct of its business, without being gnilty of negligence per se in case a derailment occurs resulting in injuries to licensees on tlie train.</p> <p>TEd. Note.- — Eor cases in point, see Cent. Big. vol. 41, Railroads, § 879.</p> <p>Rights of licensee on train, see note to Chamberlain v. Pierson, 31 C. C. A. 164.]</p> <p>2. Same — Question eor Jury.</p> <p>Where defendant railroad company operated a fast mail train down a descending grade of 60 feet to the mile, and at the sharpest point of a 6 degree curve at the foot of the grade, at the rate of from 70 to 75 miles per hour, without slackening speed, and the train was derailed at the curve, resulting in the death of plaintiff’s intestate, an express messenger working on the train, whether defendant was guilty of negligence was for the jury.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 41, Railroads, § 918.]</p> <p>3. Writ op Error — Exoessiveness op Damages — Review.</p> <p>The Circuit Court of Appeals has no jurisdiction to review an objection that the damages awarded in an action for wrongful death are excessive, though it is convinced that the trial court improperly exercised its discretion in refusing to grant defendant relief on such ground on the motion for a new trial.</p> <p>¡'Ed. Note. — Eor eases in point, see Cent. Dig. vol. 3, Appeal and Error, § 3873.]</p>