Legal Opinion

Missouri Pac. Ry. Co. v. Larussi

Court of Appeals for the Seventh Circuit

Decided February 7, 1908No. 1,420PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The defendant in error, as administrator of the estate of Minanzio Arquilli. deceased, recovered judgment in suit against Missouri Pacific Railway Company, plaintiff in error, for damages for alleged negligence in causing the death of the intestate, and this writ of error is brought by the railway company to reverse such judgment.

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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The defendant in error, as administrator of the estate of Minanzio Arquilli. deceased, recovered judgment in suit against Missouri Pacific Railway Company, plaintiff in error, for damages for alleged negligence in causing the death of the intestate, and this writ of error is brought by the railway company to reverse such judgment. The injury and death occurred April 20, 190:5, in Kansas, where the right of action, when death is so caused, was conferred by statute (paragraph 4518,…

1Opinion of the Court

SEAMAN, Circuit Judge.

The record in this case is comparatively brief, except in the assignment of errors, 51 in number. In the oral argument, however, all contentions for reversal were fairly embraced under four propositions, and reference to the various assignments in detail is not needful. We have considered all the questions raised, but confine the discussion to those advanced in the argument— with the third and fourth propositions grouped together — namely: (1) That the “action should have been dismissed because contrary to the public policy” of Illinois; (2) that it was error to instruct…

2Cases cited11 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  3. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  4. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  5. Stokes v. SaltonstallSupreme Court of the United States · 1839

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hawkins v. SmithSupreme Court of Missouri · 1912
  2. Stephenson v. Grand Trunk Western R. Co.Court of Appeals for the Seventh Circuit · 1940
  3. Lauria v. E. I. Du Pont De Nemours & Co.District Court, E.D. New York · 1917
  4. Baltimore & Ohio Southwestern Railroad v. HillIndiana Court of Appeals · 1925
  5. Atchison, T. & S. F. Ry. Co. v. SpencerCourt of Appeals for the Ninth Circuit · 1927

8 more not listed; retrieve them via the Exa API.

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