Ringhiser v. Chesapeake & Ohio Railway Co.

Supreme Court

Ringhiser v. Chesapeake & Ohio Railway Co.

354 U.S. 901, 77 S. Ct. 1093, 1 L. Ed. 2d 1268, 1957 U.S. LEXIS 1574

CourtSupreme Court of the United States

DecidedJune 10, 1957

Docket844

StatusPublished

Cited by54 cases

This text of 354 U.S. 901 (Ringhiser v. Chesapeake & Ohio Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ringhiser v. Chesapeake & Ohio Railway Co., 354 U.S. 901, 77 S. Ct. 1093, 1 L. Ed. 2d 1268, 1957 U.S. LEXIS 1574 (1957).

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Opinions

Per Curiam:

The petition for certiorari is granted, and the judgment is reversed and the cause is remanded. The trial judge set aside the jury verdict for the petitioner because, inter alia, it was held that the respondent “had no duty to anticipate that a car was being used for such a purpose.” There was evidence, however, as the trial court found, that to respondent’s knowledge employees used gondola cars for the purpose. In that circumstance there were probative facts from which the jury could find that respondent was or should have been aware of conditions which created a likelihood that the petitioner would suffer just such an injury as he did. Rogers v. Missouri Pacific R. Co., 352 U. S. 500; cf. Wilkerson v. McCarthy, 336 U. S. 53.

Mr. Justice Frankfurter is of the opinion that the writ of certiorari should not be granted. Since the writ has been granted, he would dismiss it as improvidently granted for the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524.

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Per Curiam:

The petition for certiorari is granted, and the judgment is reversed and the cause is remanded. The trial judge set aside the jury verdict for the petitioner because, inter alia, it was held that the respondent “had no duty to anticipate that a car was being used for such a purpose.” There was evidence, however, as the trial court found, that to respondent’s knowledge employees used gondola cars for the purpose. In that circumstance there were probative facts from which the jury could find that respondent was or should have been aware of conditions which created a likelihood that the petitioner would suffer just such an injury as he did. Rogers v. Missouri Pacific R. Co., 352 U. S. 500; cf. Wilkerson v. McCarthy, 336 U. S. 53.

Mr. Justice Frankfurter is of the opinion that the writ of certiorari should not be granted. Since the writ has been granted, he would dismiss it as improvidently granted for the reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 524.

William H. McPherson and McPherson Broach & MacHine Company, a Corporation, Third-Parties and v. Gerrit Hoffman, and (Chesapeake & Ohio Railway Company, a Virginia Corporation, Third-Party and Appellee). Chesapeake & Ohio Railway Company, a Virginia Corporation, and Third-Party (William H. McPherson and McPherson Broach & MacHine Company, Third Parties Defendant) v. Gerrit Hoffman, And

275 F.2d 466 (Third Circuit, 1960)

McPherson v. Hoffman

275 F.2d 466 (Sixth Circuit, 1960)

Harris v. Pennsylvania Railroad

361 U.S. 15 (Supreme Court, 1959)

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Bluebook (online)

354 U.S. 901, 77 S. Ct. 1093, 1 L. Ed. 2d 1268, 1957 U.S. LEXIS 1574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ringhiser-v-chesapeake-ohio-railway-co-scotus-1957.

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