Northern Pacific Railroad v. Babcock
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOB THE DISTRICT OF MINNESOTA. The plaintiff below, who was the administrator of the estate of Hugh M. Munro, sued in the District Court of the Fourth Judicial District of Minnesota to recover $25,000 damages for the killing of Munro on the 10th day of January, 1888, at or near a station known as Gray Cliff on the Northern Pacific Railway in the Territory of Montana.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOB THE DISTRICT OF MINNESOTA. The plaintiff below, who was the administrator of the estate of Hugh M. Munro, sued in the District Court of the Fourth Judicial District of Minnesota to recover $25,000 damages for the killing of Munro on the 10th day of January, 1888, at or near a station known as Gray Cliff on the Northern Pacific Railway in the Territory of Montana. Thp complaint contained the following allegations: “That on the said 10th day of January, 1888, the said Hugh M. Munro, now deceased, was in the employ of the said defendant…
1Opinion of the CourtJustice White
For convenience, we shall consider the various assignments of error without regard to their numerical order.
The third, fourth, and sixth assignments involve the same question, and may be decided upon together.
The plaintiff’s intestate was an engineer in the employ of the defendant corporation in the Territory of Montana, and the accident- by which he lost his life occurred there. The law of the Territory of Montana at the tin»'' provided as follows:
“ Where the death of a person not being a minor is caused by the wrongful act or neglect of another his heirs or personal representatives may…
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