Elliott v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This case was commenced in the District Court of Clay County, Dakota Territory, on August 31, 1886, by the plaintiff in error, Biddena Elliott, widow of John Elliott, deceased, against the railway company to recover damages on account of the death of John Elliott, alleged to have been caused by the negligence of the defendant and its employés. .The defendant answered, a trial was had at the September term, 1886, and the…
Read the full summary
ERROR TO THE SUPREME COURT OF THE TERRITORY OF DAKOTA. This case was commenced in the District Court of Clay County, Dakota Territory, on August 31, 1886, by the plaintiff in error, Biddena Elliott, widow of John Elliott, deceased, against the railway company to recover damages on account of the death of John Elliott, alleged to have been caused by the negligence of the defendant and its employés. .The defendant answered, a trial was had at the September term, 1886, and the plaintiff recovered a verdict for seven thousand dollars. Judgment having been entered thereon, the defendant appealed…
1Opinion of the CourtJustice Brewer
The question in this case is as to the liability of the company for the death of John Elliott. The company made three defences. One, that it was guilty of no negligence; second, ihat if there were any negligence, it was that of a fellow-servant ; and, third, that Elliott .was guilty of contributory negligence. The Supreme Court of the Territory, in its opinion filed when the case was first in that court, considered the last two defences as sustained, and, because thereof, reversed the judgment in favor of the plaintiff. All of them have been presented and fully argued in this court, but as we…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
3Cited by123 opinions
- Gunning v. CooleySupreme Court of the United States · 1930
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
118 more not listed; retrieve them via the Exa API.