Tobin v. Bruce
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. Robert B. Tripp, Judge. Action by William Tobin, Sr., against W. L. Bruce, as administrator eif the estate of John T. Tobin, deceased and Catherinee Tobin, to recover and to establish •plaintiff’s right to one-half of damages paid by a railroad company as damages resulting from, •the 'death of John T. Tobin, deceased. From a judgment for defendants, and from: an order denying a new trial plaintiff appeals.
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Appeal from Circuit Court, Yankton County. Hon. Robert B. Tripp, Judge. Action by William Tobin, Sr., against W. L. Bruce, as administrator eif the estate of John T. Tobin, deceased and Catherinee Tobin, to recover and to establish •plaintiff’s right to one-half of damages paid by a railroad company as damages resulting from, •the 'death of John T. Tobin, deceased. From a judgment for defendants, and from: an order denying a new trial plaintiff appeals. (2) To point two of the opinion, Appellant cited1: Mich. Central R. R. Cto. v. Vreeland, Admr. 220 U. S. Sup. St. 59, 33 Sup. Ct. Rep. 192;…
1Opinion of the CourtMioGOY, J.
One John T. Tobin received an injury resulting in his death while he was in the employment of the Chicago, Milwaukee & St. P'aul Company as a brakeman on- a train engaged in carrying interestate commerce. He did not leave surviving him a wife or any children, but left the plaintiff, his father, and the defendant Catherine Tobin, his mother, as the surviving parents, The defendant Bruce was appointed administrator of the estate of said1 John T. Tobin, deceased. Under the provisions of the federal Employers’ Liability Act the said railway company became liable for .damages caused' by the death…
2Cases cited10 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- Taylor v. TaylorSupreme Court of the United States · 1914
- Garrett v. Louisville & Nashville RailroadSupreme Court of the United States · 1914
- Dooley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
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3Cited by13 opinions
- McCleod v. Tri-State Milling Co.South Dakota Supreme Court · 1946
- The Erie Lighter 108District Court, D. New Jersey · 1918
- Orta v. Porto Rico Railway Light & Power Co.Supreme Court of Puerto Rico · 1927
- Southern Railway Company v. W. W. Neese, Administrator of the Estate of William Neese, DeceasedCourt of Appeals for the Fourth Circuit · 1954
- Americana Healthcare Center v. RandallSouth Dakota Supreme Court · 1994
8 more not listed; retrieve them via the Exa API.