Sullivan v. Union Pac. R. Co.
U.S. Circuit Court for the District of Nebraska
Demurrer to petition. The petition represents that the plaintiff [Daniel Sullivan] is father of one James Sullivan, who was an employé of the defendant at $2.00 per day, which was received by the plaintiff; that his said son was 17 years of age; that, while in the service of. the defendant, he was, by- its negligence, “caught between the cars of the defendant and was fatally bruised and wounded, from which he died within six hours.”
Read the full summary
Demurrer to petition. The petition represents that the plaintiff [Daniel Sullivan] is father of one James Sullivan, who was an employé of the defendant at $2.00 per day, which was received by the plaintiff; that his said son was 17 years of age; that, while in the service of. the defendant, he was, by- its negligence, “caught between the cars of the defendant and was fatally bruised and wounded, from which he died within six hours.” The facts, intended to show that the death of the son was caused by the fault of the defendant, are fully stated in the petition, but it is not necessary to refer…
1Opinion of the Court
DILLON, Circuit Judge.
The plaintiff sues in virtue of his relationship of father, for the loss of the services of his minor son, and for special damages, which were occasioned by his alleged wrongful death through the negligence of the defendant. There is no statute in Nebraska giving such an action, and counsel concede that, at the time the present cause of action arose, there was no statute in the state like Lord Campbell's act (9 & 10 Yict. c. 93). This action must be maintained, therefore, if at all, on general or common law principles. In commencing our inquiries, let us ascertain the…
2Cases cited5 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Ford v. MonroeNew York Supreme Court · 1838
- Shields v. YongeSupreme Court of Georgia · 1854
- James v. ChristySupreme Court of Missouri · 1853
3Cited by14 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Saunders v. SchultzIllinois Supreme Court · 1960
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Wilbon v. D. F. Bast Co.Illinois Supreme Court · 1978
9 more not listed; retrieve them via the Exa API.