St. Louis & S. F. R. v. Bishard
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This was an action under a Kansas statute by Augusta Bishard, as administratrix, to recover damages of the railroad company for the death of her husband, alleged to have been caused by its negligence and that of its employés. The plaintiff had judgment in the trial court, and the railroad company prosecuted this writ of error.
1Opinion of the Court
HOOK, Circuit Judge.
The plaintiff’s intestate was a locomotive fireman and at the time of his death was in the service of the railroad company upon a passenger train called the “Meteor.” About 5 o’clock in the morning of December 21, 1903, the Meteor, northbound, was wrecked near Godfrey, a small station in Kansas, and the fireman and engineer were killed. The contention of the company that the trial court should have directed a verdict in its favor requires a consideration of the conditions surrounding the accident. We may say, however, without reciting all of the evidence, that it was…
2Cases cited5 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Burton v. United StatesSupreme Court of the United States · 1905
- State v. SmithSupreme Court of Connecticut · 1881
- Allis v. United StatesSupreme Court of the United States · 1894
- United States v. AllisU.S. Circuit Court for the District of Kansas · 1893
3Cited by31 opinions
- Brasfield v. United StatesSupreme Court of the United States · 1926
- United States v. Antwon A. Warfield, United States of America v. Brian M. ThomasCourt of Appeals for the Eighth Circuit · 1996
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- United States v. Samuel Dunkel & Co.Court of Appeals for the Second Circuit · 1949
- Orr v. StateAlabama Court of Appeals · 1958
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