St. Louis & S. F. R. v. Summers
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by Alfred Summers, special administrator of the estate of Hattie Magar, deceased, and others, against the St. Louis & San Francisco Railfoad Company. Judgment for plaintiffs, and defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by Alfred Summers, special administrator of the estate of Hattie Magar, deceased, and others, against the St. Louis & San Francisco Railfoad Company. Judgment for plaintiffs, and defendant brings error. A passenger train, operated by the defendant company and running eastwardly at a rate of speed variously estimated at 10, 15, 25, and 30 miles an hour through the town of Ada, in the Indian Territory, came into collision at a street crossing with a team driven by David Magar, and he was killed.…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The facts, we think, show that the trial court was right in holding that the decedent was guilty of such contributory negligence as precluded plaintiffs’ recovery by reason of any of the primary acts of negligence complained of, even if they were established, and no complaint is made of that ruling by plaintiff.
This leaves for our consideration the sole question whether there was any evidence to support the finding necessarily made by the jury that defendant railroad company could, by the exercise of ordinary care, after discovering that the decedent was in…
2Cases cited3 opinions
- Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- Illinois Cent. R. v. AckermanCourt of Appeals for the Eighth Circuit · 1906
3Cited by24 opinions
- Fairport, Painesville & Eastern Railroad v. MeredithSupreme Court of the United States · 1934
- Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911
- Hart v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1912
- Thrasher v. St. Louis & S. F. R. Co.Supreme Court of Oklahoma · 1921
- Robbins v. Pennsylvania Co.Court of Appeals for the Sixth Circuit · 1917
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