Chicago, M. & St. P. Ry. Co. v. Westby
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South Dakota. Action by Marie M. Westby, administratrix of Martin Westby, against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
At about 9 o’clock in the morning on a bright day in December, as Martin Westby, a section foreman, was walking west on the northerly track of the Chicago, Milwaukee & St. Paid Railway Company at Madison, in South Dakota, one of its passenger trains, which was backing from the station in order to change engines, overtook and struck him. The plaintiff below w'as the widow and administratrix of his estate, and she brought this action and recovered a judgment for the benefit of herself and their minor children under the employer’s liability act of February 20, 1907…
2Cases cited34 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- United States v. SteffensSupreme Court of the United States · 1879
- United States v. REESESupreme Court of the United States · 1876
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
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3Cited by29 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Fountain Park Co. v. HenslerIndiana Supreme Court · 1927
- Adams v. Standard Oil Co.Mississippi Supreme Court · 1910
- Smith v. ThompsonSupreme Court of Iowa · 1934
- Bolivar Twp. Bd. of Fin. of Benton Co. v. HawkinsIndiana Supreme Court · 1934
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