Northern Pac. R. v. Behling
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District; of Minnesota. At Law. Action by Henry Holding against the Northern Pacific Railroad Company for damages for personal injury. Verdict and judgment for plaintiff. Defendant brings error.
1Opinion of the Court
CALDWELL, Circuit Judge.
The defendant in error was a section hand in the employ of the plaintiff in error, the crew consisting of four men and a foreman. On the 27th of September, 1889, while the crew, under1 the direction of the foreman, was operating a hand car on the track going to their place of work, a freight train was seen approaching from the rear, and rapidly gaining on the hand car. The attention of the foreman was called to this fact, and the suggestion made that the hand car be stopped and removed from the track, to which he replied: “Never mind. You keep on pumping until I tell…
2Cases cited4 opinions
- Coyne v. Union Pacific Railway Co.Supreme Court of the United States · 1890
- Steffenson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Slette v. Great Northern Railway Co.Supreme Court of Minnesota · 1893
- Northern Pac. R. v. CongerCourt of Appeals for the Eighth Circuit · 1893
3Cited by1 opinion
- Hicks v. Southern Pacific Co.Utah Supreme Court · 1904