Ozanne v. Illinois Cent. R. Co.

Sixth Circuit

Ozanne v. Illinois Cent. R. Co.

157 F. 1004, 85 C.C.A. 678, 1907 U.S. App. LEXIS 3961

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 24, 1907

DocketNo. 1,721

StatusPublished

This text of 157 F. 1004 (Ozanne v. Illinois Cent. R. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ozanne v. Illinois Cent. R. Co., 157 F. 1004, 85 C.C.A. 678, 1907 U.S. App. LEXIS 3961 (6th Cir. 1907).

Pincite

Opinion

PER CURIAM.

The plaintiff, Briget Ozanne, was standing in the ladies’ dressing compartment of a Pullman car, engaged in making her toilet, when a sudden swerve or jerk of the car caused her to lose her footing, and, falling, she broke her hip. She was a woman of about 65 years old and club-footed. The court below directed a verdict for the railroad company. We affirm the judgment, on the ground that no negligence was shown either in the way the car was built or the manner in which it was operated. Negligence cannot be presumed from the injury. It must be shown by the proof, and there was none produced.

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PER CURIAM.

The plaintiff, Briget Ozanne, was standing in the ladies’ dressing compartment of a Pullman car, engaged in making her toilet, when a sudden swerve or jerk of the car caused her to lose her footing, and, falling, she broke her hip. She was a woman of about 65 years old and club-footed. The court below directed a verdict for the railroad company. We affirm the judgment, on the ground that no negligence was shown either in the way the car was built or the manner in which it was operated. Negligence cannot be presumed from the injury. It must be shown by the proof, and there was none produced.

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Bluebook (online)

157 F. 1004, 85 C.C.A. 678, 1907 U.S. App. LEXIS 3961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ozanne-v-illinois-cent-r-co-ca6-1907.