Chicago, M. & St. P. Ry. Co. v. Chamberlain
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Idaho; Frank S. Dietrich, judge. Action by Bartholomew Chamberlain against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of Idaho; Frank S. Dietrich, judge. Action by Bartholomew Chamberlain against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant brings error. Action to recover damages for personal injuries. '.Che defendant in error received injuries as a result of falling from, a platform owned by the plaintiff in error, located at a point on its line of railway designated as Herrick, in the state of Idaho. The parties to the action will be designated as in the court below. It is alleged in the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] The answer of the defendant denied that the plaintiff went upon the platform at the station for the purpose of becoming a passenger on defendant’s train. -This denial raised the issue as to whether or not the plaintiff did intend to become such passenger. On the trial the plaintiff testified that he went upon the platform, intending to take passage to another station on the west-bound train. This testimony was uncontradicted, but in support of it a witness was called, who testified, among other things, that he saw the plaintiff at the station upon the…
2Cases cited6 opinions
- Holmgren v. United StatesSupreme Court of the United States · 1910
- St. Clair v. United StatesSupreme Court of the United States · 1894
- Pickett v. United StatesSupreme Court of the United States · 1910
- Hedderly v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- Shepard v. United StatesCourt of Appeals for the Ninth Circuit · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Prater v. Traders & General Ins. Co.Court of Appeals of Texas · 1935
- Aetna Ins. Co. of Hartford, Conn. v. Licking Valley Milling Co.Court of Appeals for the Sixth Circuit · 1927
- Armborst v. Cincinnati Traction Co.Court of Appeals for the Sixth Circuit · 1928
- Elledge v. Great American Indemnity CompanyCourt of Appeals of Texas · 1958
- Ervin v. Myrtle Grove PlantationSupreme Court of South Carolina · 1945
3 more not listed; retrieve them via the Exa API.