Detroit United Ry. v. Nichols

Citations

• 165 F. 289
• 91 C.C.A. 257
• 1908 U.S. App. LEXIS 4753

Syllabus

<p>1. Street Railroads (§ 74*) — Regulation and Operation — Injury to Persons on Track — Ordinance Regulating Speed.</p> <p>An ordinance requiring street, cars to slacken speed to a rate not exceeding three miles per hour when approaching any other car, “when such car has stopped or is about to stop to permit passengers to get on or off,” does not apply in an action to recover for an injury to a passenger by beIng struck by a car after alighting from another when the latter had started and moved a distance of nearly a block before the accident occurred.</p> <p>[Ed. Note. — Por other cases, see Street Railroads, Cent. Dig. § 154; Dec. Dig. § 74.*]</p> <p>2. Trial (§ 420*) — Waiver of Error — Ruling on Demurrer to Evidence-Introduction of Evidence.</p> <p>In the federal courts the introduction of evidence by a defendant after a motion for a peremptory charge at the conclusion of plaintiff’s evidence has been overruled is a waiver of such motion, and no error can be assigned to the ruling thereon; but the motion may be renewed at the close of all the evidence, in which case the whole of the evidence is to be considered.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. § 983; Dec. Dig. § 420.*]</p> <p>8. Courts (§ 356*) — Federal Courts — Procedure—Scope of Conformity Statute.</p> <p>In the federal courts everything after judgment, looking to a review by an appellate court, is regulated solely by the acts of Congress, the practice at common law, and the rules and decisions of such courts, and is not within the scope of the conformity act (Rev. St. § 914 [U. S. Comp. St. 1901, p. 684]).</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 937; Dec. Dig. 5 356.*]</p> <p>4. Street Railroads (§ 117*) — Injury to Person on Tracks — Contributory Negligence — Questions for Jury.</p> <p>A person struck and injured by a street car while crossing the tracks at a public crossing at a street corner in a large city is not as a matter of law chargeable with such co