Legal Opinion

Northern Pacific Railroad v. Urlin

Supreme Court of the United States

Decided May 20, 1895No. 272PublishedCited by 76 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. This was an action brought by Alfred J. Urlin, in the Circuit Court of the United States for the District of Montana, against the Northern Pacific Railroad Company, to recover for personal- injuries received by him when travelling as a passenger in one of its trains. The car in which the plaintiff was riding became derailed, and was thrown down a bank and overturned.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. This was an action brought by Alfred J. Urlin, in the Circuit Court of the United States for the District of Montana, against the Northern Pacific Railroad Company, to recover for personal- injuries received by him when travelling as a passenger in one of its trains. The car in which the plaintiff was riding became derailed, and was thrown down a bank and overturned. The complaint charged that the accident was due to “ the defective, decayed, and rotten condition of the cross-ties ” in the road, and that the…

1Opinion of the CourtJustice Shibas

The first assignment avers error in permitting the medical witnesses, wh'o testified in behalf of the plaintiff, to be asked whether the examinations made by them “ were made in a superficial or in a careful and thorough manner.”

It is urged that this question was objectionable, both as leading and as taking from the jury the determination of the inquiry whether, the medical examination was thorough or otherwise.

It cannot be safely said that, in no case, can a court of errors take notice of an exception to the conduct of the trial3 court in permitting leading questions. But such conduct must…

2Cases cited4 opinions

  1. Shutte v. ThompsonSupreme Court of the United States · 1873
  2. The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
  3. Fleming v. City of SpringfieldMassachusetts Supreme Judicial Court · 1891
  4. Ray v. SmithSupreme Court of the United States · 1873

3Cited by76 opinions

  1. Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
  2. Coffin v. United StatesSupreme Court of the United States · 1896
  3. London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
  4. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  5. Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900

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