Milwaukee & St. Paul Railway Co. v. Arms
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Iowa. This action against the railroad company to recover damages for injuries received .by Mrs. Arms, by reason of a collision of a train of cars with another train, resulted in a verdict and judgment for $4,000. The company sued out this writ of error. v The bill of exceptions discloses this state of facts: Mrs. Arms, in October, 1870, was a passenger on defendant’s train of cars, which, while running at a…
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Error to the Circuit Court of the United States for the District of Iowa. This action against the railroad company to recover damages for injuries received .by Mrs. Arms, by reason of a collision of a train of cars with another train, resulted in a verdict and judgment for $4,000. The company sued out this writ of error. v The bill of exceptions discloses this state of facts: Mrs. Arms, in October, 1870, was a passenger on defendant’s train of cars, which, while running at a speed of fourteen or fifteen miles an hour, collided with another train moving in an opposite- diree- . tion on the…
1Opinion of the CourtJustice Davis
The court doutless assumed, in its instructions to the jury, that the mere collision of two railroad trains is, ipso facto, evidence of gross negligence on the part of the employes of the company, justifying the assessment of exemplary damages; for a collision could not well occur under less aggravated circumstances, or cause slighter injury. Neither train was thrown from the track, and the effect of the collision was only to demolish the fronts of the two locomotives. It did not even produce the “ shock ” which usually results from a serious collision. • The train on which Mrs. Arms was…
2Cases cited2 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
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