Chicago & N. W. Ry. Co. v. Davis
Court of Appeals for the Eighth Circuit
In Error fco the Circuit Court of the United Slates for the Southern District of Iowa. Action by A. T. Davis, admi nistra tor of the estate of Olaf Hoedling, deceased, against the Chicago & Northwestern Railway Company, for death by wrongful act. Terdict and judgment for plaintiff. Defendant brings error.
1Opinion of the Court
SAINBORH, Circuit Judge.
Tbe defendant in error, wbo was tbe plaintiff below, brought tbis action for tbe negligent killing of tbe deceased by tbe defendant railway company. The company, in its answer, denied negligence on its part, and alleged that tbe negligence of tbe deceased caused bis death. Tbe testimony was undisputed, and established tbe following facts:
On July 11, 1888, tbe deceased was working as a section man for tbe defendant. He bad been in its service in that capacity about two weeks, and on tbis day was one of a1 section gang of six men wbo were engaged in transporting railroad…
2Cases cited5 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Goodlett v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
- Bunt v. Sierra Butte Gold Mining Co.Supreme Court of the United States · 1891
- Northern Pac. R. v. NickelsCourt of Appeals for the Eighth Circuit · 1892
3Cited by22 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
- City of Minneapolis v. LundinCourt of Appeals for the Eighth Circuit · 1893
- Motey v. Pickle Marble & Granite Co.Court of Appeals for the Eighth Circuit · 1896
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