Missouri, K. & T. Ry. Co. v. Elliott
Court of Appeals for the Eighth Circuit
In Error to tbe United States Court of Appeals in tbe Indian Territory. The Missouri, Kansas & Texas Railway Company owns and operates a line of railroad extending from the state of Missouri, through Kansas and the Indian Territory, into the state of Texas.
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In Error to tbe United States Court of Appeals in tbe Indian Territory. The Missouri, Kansas & Texas Railway Company owns and operates a line of railroad extending from the state of Missouri, through Kansas and the Indian Territory, into the state of Texas. The railway company had a train dispatcher at McAlester, in the Indian Territory, for the purpose of ordering and directing the movement of its trains on the division of its road between McAlester and Muskogee, in the Indian Territory. On the 11th day of June, 1892, the company, through its train dispatcher, ordered one of its freight…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating tbe case as above, delivered tbe opinion of tbe court.
Tbe protests of this court against multiplied and frivolous assignments of error seem to be of no avail. There are 103 assignments of error in this case, of which not more than 4 or 5 are of sufficient gravity to challenge or justify our attention. It was apparent from tbe inception of this case that, if tbe railway company was responsible for the results of tbe conflicting orders it issued for tbe movement of its trains, it had no defense to tbe merits of this action, and that tbe only question to be…
2Cases cited53 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Burton v. DriggsSupreme Court of the United States · 1874
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
48 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Mammoth Oil Co. v. United StatesSupreme Court of the United States · 1927
- Gray v. Southern Pacific Co.California Supreme Court · 1944
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Bone v. HayesCalifornia Supreme Court · 1908
- Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
29 more not listed; retrieve them via the Exa API.