Chicago, M. & St. P. Ry. Co. v. Carpenter
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action by O. C. Carpen ter against the Chicago, Milwaukee & St. Paul .Railway Company, in which there was judgment for plaintiff, and defendant brings emir. Statement by THAYER, District Judge: This case was submitted to the jury on testimony which tended to establish, and practically di
1Opinion of the Court
THAYER, District Judge,
(after stating the facts.) It was correctly stated by counsel for. the plaintiff in error on the argument of the case, that the. most important and the underlying question presented by the record, is whether, as a matter of law, the defendant in error was guilty of contributory negligence, either in getting on the top of the train or in walking thereon towards the caboose without turning to look in the opposite direction for overhead bridges or other obstructions. If it is conceded that he had the right, under the circumstances disclosed by the evidence, and as the jury…
2Cases cited9 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Baltimore & Ohio & Chicago Railroad v. RowanIndiana Supreme Court · 1885
- Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
- Chicago & Alton Railroad v. JohnsonIllinois Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Saunders v. Southern Pacific Co.Utah Supreme Court · 1896
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
11 more not listed; retrieve them via the Exa API.