Union Pac. Ry. Co. v. Lapsley
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. Action by James J. Lapsley, as administrator of the estate of Eliza J. Lapsley, against the Union Pacific Railroad Company, to recover damages for causing the death of his intestate. Verdict and judgment for plaintiff in the sum of $1,000. For the charge of the court to the jury, see 50 Fed. Rep. 172. Defendant brings error.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of Iowa. Action by James J. Lapsley, as administrator of the estate of Eliza J. Lapsley, against the Union Pacific Railroad Company, to recover damages for causing the death of his intestate. Verdict and judgment for plaintiff in the sum of $1,000. For the charge of the court to the jury, see 50 Fed. Rep. 172. Defendant brings error. Statement by Sanborn, Circuit-Judge: The defendant in error, who was the plaintiff below, was the administrator of the estate of Eliza J. Lapsley, deceased, and brought this action…
1Opinion of the Court
Sanborn, Circuit Judge,
(after stating the facts.) Under the instructions of the court the jury, in arriving at their verdict, must have found that the negligence of the defendant company in failing to ring its bell, sound its whistle, or provide a flagman at this crossing was the proximate cause of the injury complained of; that the decedent was not herself guilty of any negligence that contributed to the injury; and that she neither had nor exercised any control over her brother, the driver, as he approached the crossing. The owner and driver of the team exercised entire control over it, and…
2Cases cited5 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Cuddy v. HornMichigan Supreme Court · 1881
- Follman v. City of MankatoSupreme Court of Minnesota · 1886
- Borough of Carlisle v. BrisbaneSupreme Court of Pennsylvania · 1886
3Cited by31 opinions
- Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Anthony v. KiefnerSupreme Court of Kansas · 1915
26 more not listed; retrieve them via the Exa API.