Legal Opinion

Northern Pac. Ry. Co. v. Dixon

Court of Appeals for the Eighth Circuit

Decided August 4, 1905No. 1,775PublishedCited by 26 opinions

In Error to the Circuit Court of the United States for the District of Minnesota. The defendant in error, as administratrix of the estate of Chauncey A. Dixon, brought this action against the Northern Pacific Railway Company, as she was authorized to do by the statutes of the state of Montana, to recover damages for the death of her son, Chauncey, which she alleged was caused by the negligence of the plaintiff in error.

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In Error to the Circuit Court of the United States for the District of Minnesota. The defendant in error, as administratrix of the estate of Chauncey A. Dixon, brought this action against the Northern Pacific Railway Company, as she was authorized to do by the statutes of the state of Montana, to recover damages for the death of her son, Chauncey, which she alleged was caused by the negligence of the plaintiff in error. The parties waived a jury and made an agreed statement of facts, upon which the court rendered the judgment against the company which is here challenged. The facts material to…

1Opinion of the Court

SANBORN, Circuit Judge,

after stating the case as above, de-" livered the opinion of the court.

At the first hearing of this case the negligence of the local operator at Bonita, who slept at his post and falsely informed the train dispatcher that extra freight No. 162 had not passed his station, was conceded to have been the cause of the collision and of the death of the intestate, and the only question argued was whether or not this operator was a fellow servant of the deceased, who was a fireman on that train. The Supreme Court decided that he was (Northern Pacific Ry. Co. v. Dixon, 194 U. S.…

2Cases cited10 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
  3. Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
  4. Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
  5. Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
  2. Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
  3. Minneapolis General Electric Co. v. CrononCourt of Appeals for the Eighth Circuit · 1908
  4. Central R. v. PelusoCourt of Appeals for the Second Circuit · 1923
  5. Lucid v. E. I. Du Pont De Nemours Powder Co.Court of Appeals for the Ninth Circuit · 1912

21 more not listed; retrieve them via the Exa API.

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