Atwood v. Chicago, R. I. & P. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
Action to recover from the Chicago, Rock Island & Pacific Railway Company and the receivers of the Union Pacific Railway Company damages resulting to plaintiff from the death of her husband, who was killed on the Union Pacific Railway, a few miles west of Kansas City, in a collision between two trains, on the 2d day of January, 1894, which were being operated on said railway.
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Action to recover from the Chicago, Rock Island & Pacific Railway Company and the receivers of the Union Pacific Railway Company damages resulting to plaintiff from the death of her husband, who was killed on the Union Pacific Railway, a few miles west of Kansas City, in a collision between two trains, on the 2d day of January, 1894, which were being operated on said railway. The, Rock Island Company owned and operated a railway from Denver to the city of Topeka, and its trains were run and operated over the Union Pacific Railway from Topeka to Kansas City, and from Kansas City to Topeka,…
1Opinion of the Court
PHILIPS, Distinct Judge
(orally). At the conclusion of the plaintiff’s evidence, each defendant has interposed, in the nature of a demurrer to the evidence, an instruction directing the jury to find for the defendants notwithstanding the evidence. It is evident that the petition in this case was framed on the theory of the right of a joint action against the defendant corporations growing out of concurring acts of. negligence contributing to the injury in question. It alleges that the defendant the Rock Island Railway Company “operated its trains between the city of Topeka, Kansas, and Kansas…
2Cases cited5 opinions
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Smith v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1885
3Cited by20 opinions
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907
- McFarland v. Dixie MacHinery & Equipment Co.Supreme Court of Missouri · 1941
- Wylie-Stewart MacHinery Co. v. ThomasSupreme Court of Oklahoma · 1943
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