Chicago & N. W. Ry. Co. v. O'Brien
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. On August 1, 1899, J. J. O’Brien, an express messenger in the service of the American Express Company, was fatally injured by the derailment and wreck near Boone, Iowa, of a fast mail train of the Chicago & Northwestern Railway Company.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. On August 1, 1899, J. J. O’Brien, an express messenger in the service of the American Express Company, was fatally injured by the derailment and wreck near Boone, Iowa, of a fast mail train of the Chicago & Northwestern Railway Company. Mary O’Brien, as the administratrix of his estate, brought an action against the railway company under the provisions of the Iowa statute extending a right of action to personal representatives in cases of death caused by negligent or wrongful act. At the time of his…
1Opinion of the Court
HOOK, Circuit Judge,
after stating the case as above, delivered ticte opinion of the court.
The deceased did not, while upon the train in the performance of Ife duties as an express messenger, sustain to the railway company ferelation of a passenger, and he was not, therefore, entitled to that highest possible degree of care to which a common carrier is held for fee safety of those who have paid for their transportation as passengers. Neither was the express messenger a mere licensee. He was not upon the train at the mere sufferance of the railway company, but he was engaged thereon in the…
2Cases cited24 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
19 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Connor v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1922
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
- Minneapolis General Electric Co. v. CrononCourt of Appeals for the Eighth Circuit · 1908
23 more not listed; retrieve them via the Exa API.