Atchison, T. & S. F. R. v. McClurg
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. At Law. Action by James McOlurg against the Atchison, Topeka & Santa Ee Railroad Company to recover damages for personal injuries received at a crossing. Verdict and judgment for plaintiff. Defendant brings error.
1Opinion of the Court
THAYER, District Judge.
This was a suit for personal injuries which the defendant in error sustained at a railroad crossing in the suburbs of the town' of Purcell, in the Indiari Territory, on March 4, 1891. The -record discloses that on that day he started home from Purcell, in company with a neighbor of his by the name of Wear, who owned and was driving the team behind which they were riding. The road taken to get out of town lay for some distance along the west side of tlie railroad company's main and side tracks, leading north from its depot in Purcell, but at a point about 950 feet north…
2Cases cited4 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Willoughby v. Chicago & North-western R. R.Supreme Court of Iowa · 1873
3Cited by16 opinions
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
- Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
- Choctaw, O. & G. R. v. HollowayCourt of Appeals for the Eighth Circuit · 1902
- Armour v. RussellCourt of Appeals for the Eighth Circuit · 1906
- Chicago, R. I. & P. Ry. Co. v. SharpCourt of Appeals for the Eighth Circuit · 1894
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