Kirkendall v. Union Pac. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado; John A. Riner, Judge. Action by Ranson B. C. Kirkendall against the Union Pacific Railroad Company. Judgment for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the District of Colorado; John A. Riner, Judge. Action by Ranson B. C. Kirkendall against the Union Pacific Railroad Company. Judgment for defendant, and plaintiff brings error. Kirkendall brought this action against the Union Pacific Railroad Company for the purpose of recovering damages for injuries which he received on the morning of February 26, 1903, while he was being transported, as he claims, as a passenger for hire on a train of the railroad company near the town of Sterling, Colo. At the trial of the action, counsel for the…
1Opinion of the CourtCarland, Circuit Judge
(after stating the facts as above). By the express terms of the contract it was agreed and understood-that Kirkendall was authorized to sign the same for and on behalf of the shipper, with full power in the premises. Under the terms of the contract and the evidence introduced at the trial, Kirkendall was the em-ployé and agent of Lobman & Co. It appears clearly from the contract that the railroad company agreed to transport the two cars of cattle at less than the regular tariff rate in consideration of Lobman & Co. agreeing to the limitation of the liability of the company as a common…
2Cases cited36 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
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3Cited by10 opinions
- Lee Line Steamers v. RobinsonCourt of Appeals for the Sixth Circuit · 1914
- Kansas City Southern Ry. Co. v. ClintonCourt of Appeals for the Eighth Circuit · 1915
- Buckley v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1915
- Graves v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- Tripp v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1917
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