Legal Opinion

Northern Pacific Railroad v. Everett

Supreme Court of the United States

Decided March 5, 1894No. 188PublishedCited by 27 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. William J. Everett brought an action in the District Court of the Sixth Judicial Circuit of the Territory of Dakota on November 13, 1889, against the Northern Pacific Railroad Company, seeking to recover from it the sum of thirty thousand dollai’s as damages for injuries received by him in coupling cars owned and controlled by the company, alleging that he had received such injuries while in…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. William J. Everett brought an action in the District Court of the Sixth Judicial Circuit of the Territory of Dakota on November 13, 1889, against the Northern Pacific Railroad Company, seeking to recover from it the sum of thirty thousand dollai’s as damages for injuries received by him in coupling cars owned and controlled by the company, alleging that he had received such injuries while in the employ of the company, as a yard switchman, in its yards at Jamestown, Dakota Territory, and while there engaged in…

1Opinion of the Court

Mr. Justice Shir as,

after stating the. case, delivered the opinion of the court.

While it is true that the defendant company excepted to the court’s refusal to give, on the whole evidence, a peremptory charge in favor of the defendant, and has assigned such refusals for error, yet, in the brief of plaintiff in error, the learned counsel have not thought fit to discuss those assignments, but have put their case mainly upon the error alleged to have been committed by the trial court in instructing the jury in the following terms:

“ If you find the lumber was negligently loaded — that is, in an…

2Cases cited2 opinions

  1. Dunlap v. Northeastern RailroadSupreme Court of the United States · 1889
  2. Sullivan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1891

3Cited by27 opinions

  1. McDermott v. SevereSupreme Court of the United States · 1906
  2. Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
  3. Young v. PriceHawaii Supreme Court · 1963
  4. Later v. HaywoodIdaho Supreme Court · 1906
  5. Goshen Sweeper Co. of Grand Rapids v. Bissell Carpet-Sweeper Co.Court of Appeals for the Sixth Circuit · 1895

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