Legal Opinion

Kansas City, Ft. S. & M. R. Co. v. Stoner

Court of Appeals for the Eighth Circuit

Decided July 25, 1892No. 86PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Western Division of the Eastern District of Arkansas. Action by Eugenia Stoner against the Kansas City, Ft. Scott & Mem-. phis Railroad Company and the Little Rock & Memphis Railroad Company to recover damage's for personal injuries sustained in a collision of trains at a crossing of their tracks. Verdict and judgment against the former company, and in favor of the latter company.

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In Error to the Circuit Court of the United States for the Western Division of the Eastern District of Arkansas. Action by Eugenia Stoner against the Kansas City, Ft. Scott & Mem-. phis Railroad Company and the Little Rock & Memphis Railroad Company to recover damage's for personal injuries sustained in a collision of trains at a crossing of their tracks. Verdict and judgment against the former company, and in favor of the latter company. The Kansas City Company brings error. Among the various assignments of error was one alleging that the court erred in denying defendant’s motion to suppress…

1Opinion of the Court

Shiras, District Judge.

The material fads appearing on the record in this cause are as follows: On tire 9th day of July, 1890, the dcfendsint in error, Mrs. Eugenia Stoner, a passenger on the Little Rock & Memphis Railroad, was injured in a collision which took place between the passenger train on that road and a freight, train on the Kansas City, Ft. Bcott & Memphis Railway at or near Sibley, Ark., where the named lines of railway cross each other at grade. To recover for the injuries she received, Mrs. Stoner brought this action in the United States circuit court at Little Rock, Ark.,…

2Cases cited3 opinions

  1. Deery v. CraySupreme Court of the United States · 1867
  2. Smiths v. ShoemakerSupreme Court of the United States · 1873
  3. Barnum v. OkolonaSupreme Court of the United States · 1893

3Cited by11 opinions

  1. Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
  2. Adams v. BensonCourt of Appeals of Maryland · 2001
  3. Mutual Ben. Life Ins. v. RobisonCourt of Appeals for the Eighth Circuit · 1893
  4. United States v. PatrickCourt of Appeals for the Eighth Circuit · 1896
  5. Furst & Thomas v. ElliottIdaho Supreme Court · 1936

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