Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This was an action by the cattle company and others to recover from the railway company damages alleged to have been sustained by a wrongful deviation and the negligence of the defendant in respect of a shipment of 778 head of cattle over its lines, resulting in the death of part of them and injury to the others.
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In Error to the Circuit Court of the United States for the District of Kansas. This was an action by the cattle company and others to recover from the railway company damages alleged to have been sustained by a wrongful deviation and the negligence of the defendant in respect of a shipment of 778 head of cattle over its lines, resulting in the death of part of them and injury to the others. The acts and omissions of the defendant which were complained of were in connection with and in view of an unprecedented flood in May, 1903, in the Kansas and Missouri rivers. The defendant received the…
1Opinion of the CourtHook, Circuit Judge
At the conclusion of the evidence the plaintiffs preferred a written request that the court direct a verdict in their favor and by a separate writing also asked that 13 other instructions directed to particular features of the case be given to the jury. The defendant likewise asked that a verdict be directed in its favor. After an extended consideration of both requests for a directed verdict the court denied the plaintiffs’ and sustained that of the defendant. The special requests of the plaintiffs were denied. A verdict was accordingly returned for the defendant, and it had judgment.
It is a…
2Cases cited17 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Savage v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Farr Co. v. Union Pac. R. Co.Court of Appeals for the Tenth Circuit · 1939
- Harrington v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- W. A. Hover & Co. v. Denver & R. G. W. R.Court of Appeals for the Eighth Circuit · 1927
- Bank of Union v. Fidelity & Casualty Co.Court of Appeals for the Eighth Circuit · 1933
14 more not listed; retrieve them via the Exa API.