Gilbert v. Burlington, C. R. & N. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. . This is an action brought by Charles Gilbert, the plaintiff in error, against the Burlington, Cedar Rapids & Northern Railway Company and the Chicago, Rock Island & Pacific Railway Company to recover damages for a personal injury’ which lie sustained, as lie alleged, by reason of tlie negligence of the Burlington Company.
Read the full summary
In Error to the Circuit Court of the United States for the District of Minnesota. . This is an action brought by Charles Gilbert, the plaintiff in error, against the Burlington, Cedar Rapids & Northern Railway Company and the Chicago, Rock Island & Pacific Railway Company to recover damages for a personal injury’ which lie sustained, as lie alleged, by reason of tlie negligence of the Burlington Company. Tlie complaint stated a cause of action against that company, and contained-an averment to tlie effect that the Rock island Company had assumed the debts and liabilities of the former…
1Opinion of the CourtSanborn, Circuit Judge
The case presents these two questions: Was there any substantial evidence that the Burlington Company was guilty of a failure to exercise ordinary care to keep its railroad in a reasonably safe condition? Was the evidence that the plaintiff was guilty of negligence which directly contributed to his injury so .conclusive that all reasonable men in the exercise of an impartial judgment must draw that conclusion?
The only fact disclosed by the evidence which is claimed by counsel for the plaintiff in error to indicate negligence on the part of the railroad company is that it adopted the practice…
2Cases cited30 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
25 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Johns-Manville, Inc. v. PockerCourt of Appeals for the Eighth Circuit · 1928
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Chicago, M. & St. P. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1910
56 more not listed; retrieve them via the Exa API.