Hawkins v. Clinchfield R. Co.

2 Citing cases

  1. Moore v. Chesapeake O. Ry. Co.

    493 F. Supp. 1252 (S.D.W. Va. 1980)   Cited 16 times

    lyson's neither knew, nor in the exercise of reasonable care should have discovered, that the `pat' of butter was on the floor of the cafeteria, . . . then and in that event you should find the plaintiff may not recover from the CO." In this same vein, CO contends the court erred in refusing to give CO's proffered instruction reciting that under FELA, ". . . the presumption prevails, even after proof of an unsafe or defective condition, that the railroad company was not aware of its existence, and until it is shown that the railroad company knew, or in the exercise of ordinary care should have known, of the unsafe condition, if there was any, it cannot be charged with knowledge thereof" (emphasis added), CO having cited as authority for the giving thereof the cases of Wetherbee v. Elgin, Joliet Eastern Ry. Co., 191 F.2d 302 (7th Cir. 1951); Kaminski v. Chicago River . Ind. R. Co., 200 F.2d 1 (7th Cir. 1952); Van Horn v. Southern Pac. R. Co., 141 Cal.App.2d 528, 297 P.2d 479 (1956); Hawkins v. Clinchfield R. Co., 37 Tenn. App. 529, 266 S.W.2d 840 (1953); and St. Louis, Iron Mountain, Southern Ry. v. Ingram, 124 Ark. 298, 187 S.W. 252, aff'd, 244 U.S. 647, 37 S.Ct. 741, 61 L.Ed. 1370 (1916). This court carefully read the Wetherbee and Kaminski decisions.

  2. Rubley v. Louisville Nashville Railroad Company

    208 F. Supp. 798 (E.D. Tenn. 1962)   Cited 3 times

    "Where the negligence of the employer consists of what I call a fault of omission, I think it is absolutely necessary that the proof of that fault of omission should be one of two kinds, either to show that the thing which he did not do was a thing which was commonly done by other persons in like circumstances, or to show that it was a thing which was so obviously wanted that it would be folly in anyone to neglect to provide it." In Hawkins v. Clinchfield R. Co., 37 Tenn. App. 529, 266 S.W.2d 840, a brakeman stepped off an engine onto a nail which injured his foot. The employees sued the railroad company under the Federal Employers' Liability Act.