Link v. Wabash Railroad Company
Decision Date | 01 November 1956 |
Docket Number | No. 11681.,11681. |
Citation | 237 F.2d 1 |
Parties | William LINK, Plaintiff-Appellant, v. The WABASH RAILROAD COMPANY, a corporation, Defendant-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Jay E. Darlington, Hammond, Ind., Malcolm E. Anderson, Chesterton, Ind., for appellant.
George T. Schilling, LaFayette, Ind., Stuart, Devol, Branigin & Ricks, Lafayette, Ind., of counsel, for appellee.
Before FINNEGAN and SCHNACKENBERG, Circuit Judges, and WHAM, District Judge.
Plaintiff sued defendant in the district court to recover damages for injuries alleged to have been sustained by him when he drove an automobile into a collision with defendant's train standing across a highway in Indiana. Defendant answered and later filed a motion for judgment on the pleadings and to dismiss the case.
The district court entered an order in favor of the defendant in accordance with its motion, from which order this appeal is taken.
The pertinent parts of the complaint, which were denied by defendant's answer, are as follows:
Plaintiff makes no contention that, in entering the order from which this appeal is taken, any rule of practice was violated. His counsel in oral argument specifically waived that contention. Both parties rely upon the substantive law of Indiana. Plaintiff contends that that state's more recent cases have shown an increasingly liberal and sensible attitude in leaving to juries the question of whether the respective conduct of a railroad's employees and a motorist measures up in fact to the conduct of an ordinarily prudent person under circumstances like those in the particular situation where the accident occurs. This contention defendant disputes. It argues that the only negligence charged in the complaint is a failure to warn of the presence of the railroad car with which plaintiff's car collided. In asking us to affirm the order of the district court, it says that the questions decided by the district court "as matters of law"1 and now presented to this court are these:
The complaint makes no charge of a violation of statutory duty by the defendant. It is based upon a...
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Link v. Wabash Railroad Company
...From this order of dismissal plaintiff appealed. On October 10, 1956, our court reversed and remanded the case for trial. * * * 7 Cir., 1956, 237 F.2d 1, certiorari denied 352 U.S. 1003, 77 S.Ct. 563, 1 L.Ed.2d 548 (February 25, 1957). On March 13, 1957, the mandate from this court was file......
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Link v. Wabash Railroad Company
...order of dismissal plaintiff appealed. On October 10, 1956, our court reversed and remanded the case for trial. Link v. Wabash Railroad Company, 7 Cir., 1956, 237 F.2d 1, certiorari denied 352 U.S. 1003, 77 S.Ct. 563, 1 L.Ed.2d 548 (February 25, 1957). On March 13, 1957, the mandate from th......