Kansas & A. V. Ry. Co. v. Dye
Court of Appeals for the Eighth Circuit
In Error to tbe United States Court in tlie Indian Territory. •This was an action by Anna J. Dye, Edgar Dye (her husband), Sarah E. Quilliam, Robert Quilliam, David P. Quilliam, Eulie Myrtle Quilliam, and John T. Quilliam (the last four being minors, who sue by their next friend, Sarah E. Quilliam) against the Kansas & Arkansas Yalley Railway Company for damages for causing the death of one William J. Quilliam. The plaintiffs recovered judgment in the circuit court.
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In Error to tbe United States Court in tlie Indian Territory. •This was an action by Anna J. Dye, Edgar Dye (her husband), Sarah E. Quilliam, Robert Quilliam, David P. Quilliam, Eulie Myrtle Quilliam, and John T. Quilliam (the last four being minors, who sue by their next friend, Sarah E. Quilliam) against the Kansas & Arkansas Yalley Railway Company for damages for causing the death of one William J. Quilliam. The plaintiffs recovered judgment in the circuit court. Defendant brings error. William ,'J. Quilliam was a section foreman on the railroad of the Kansas .& Arkansas Valley Railway…
1Opinion of the CourtCaldwell, Circuit Judge
The defendants in error contend that the answer does not specifically deny the averment in the complaint that it was the duty of the defendant “to notify its servants of any change in the schedules, and of the time of any extra or special trains,” and that, therefore, this averment of the complaint, under the rule of code pleading in force* in the Indian Territory, stands admitted. This averment is. not specifically denied by the answer. But it is apparent from the record that the case was tried in the lower court upon the assumption that every averment of the complaint imputing negligence to…
2Cases cited4 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Olson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Daniels v. BrodieSupreme Court of Arkansas · 1891
3Cited by19 opinions
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Erie R. Co. v. KaneCourt of Appeals for the Sixth Circuit · 1902
- Jacobson v. CHICAGO, M., ST. P. & PR CO.Court of Appeals for the Eighth Circuit · 1933
- Central R. Co. of New Jersey v. YoungCourt of Appeals for the Third Circuit · 1912
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