Clark v. Colorado & N. W. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado.
1Opinion of the Court
PHILIPS, District Judge.
This is an action instituted by the widow of J. F. Clark against the defendant railroad company to recover damages for personal injury resulting in his death. The court sustained .a demurrer to the petition, which presented two objections thereto: (1) That the petition does not state facts sufficient to con*409stitutc a cause of action; and (2) because it discloses that the deceased was guilty of negligence directly contributing to his injury. The -plaintiff below declining to plead further, final judgment was entered on the demurrer.
The substantive facts disclosed by the…
2Cases cited10 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Powers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Doggett v. Illinois Central R. R.Supreme Court of Iowa · 1872
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3Cited by7 opinions
- Gruber v. Cater Transfer Co.Washington Supreme Court · 1917
- Gegere v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1928
- Duree v. Wabash R.Court of Appeals for the Eighth Circuit · 1917
- Hunter v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1930
- Rainey v. Oregon Short Line R.Utah Supreme Court · 1924
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