Missouri Pac. Ry. Co. v. Texas Pac. Ry. Co.
U.S. Circuit Court for the District of Eastern Louisiana
In Chancery. In the matter of Matthew B. Winbourn, praying for compensation for personal injuries. On exceptions to master’s report.
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In Chancery. In the matter of Matthew B. Winbourn, praying for compensation for personal injuries. On exceptions to master’s report. By the master’s report it appears that between 1 and 2 A. m. of the thirteenth day of January, 1886, and near Greenwood station, Louisiana, three Shreveport passengers, the brothers Winbourn, on a train of defendant company, running about 10 or 12 miles an hour, were occupants of a second-class coach, and bound for Woodland, Texas, when said coach was derailed, and overturned, with a baggage car, by reason of a rail which, upon examination, was found to be bad,…
1Opinion of the CourtPardee, J.
This report of the master is sustained in all respects by the evidence in the case. In the record of the main case, there is other evidence as to the condition of the road-bed and track at the place where the accident to Winbourn occurred which would seem to fix the responsibility upon the receivers as common carriers of passengers, unless a different rule prevails with them from that to which common carriers are generally subjected, as to which see High on Receivers, § 395, and cases there cited. The receivers took possession of the railway property December 16,1885, prior to the accident.…
2Cases cited4 opinions
- Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
- Smith v. PotterMichigan Supreme Court · 1881
- White v. K. & D. M. R.Supreme Court of Iowa · 1879
- Central Trust Co. v. SloanSupreme Court of Iowa · 1885