Bronson v. Oakes
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by II. E. Bronson, the plaintiff in error, against Thomas b\ Oakes, Henry C. Payne, and Henry O. House, as receivers of the Northern Pacific Itailroad Company, the defendants in error, to recover damages for a personal injury received while traveling as a passenger on a train on the Northern Pacific Railroad, operated l>y the defendants as receivers.
Read the full summary
In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by II. E. Bronson, the plaintiff in error, against Thomas b\ Oakes, Henry C. Payne, and Henry O. House, as receivers of the Northern Pacific Itailroad Company, the defendants in error, to recover damages for a personal injury received while traveling as a passenger on a train on the Northern Pacific Railroad, operated l>y the defendants as receivers. The action was commenced in the district court of Hennepin county, Minn., and, on the application of the defendants in error, removed into…
1Opinion of the CourtCaldwell, Circuit Judge
It is well settled that what constitutes negligence is a question of fact for the jury, and it does not cease to be such although the facts are undisputed, for that would be to deprive a suitor of his constitutional right to have the material facts in his case tried by *738a jury. Whether, upon the conceded facts in this case, the act of the defendant was negligent, is the principal and ultimate fact in the case, and the decision of this fact, like any other disputed fact in a case, rests with the jury, and not with the court. The question of contributory negligence is likewise one of fact for…
2Cases cited14 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Lancaster v. BrowderTexas Commission of Appeals · 1923
- Robinson v. United States Benevolent SocietyMichigan Supreme Court · 1903
- Beaumont, S. L. & W. Ry. Co. v. SterlingCourt of Appeals of Texas · 1924
- Cannon v. Louisville N. R. Co.Supreme Court of Alabama · 1949
- Houston E. & W. T. Ry. Co. v. ShermanCourt of Appeals of Texas · 1928
23 more not listed; retrieve them via the Exa API.