Legal Opinion
Westre v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Eighth Circuit
Decided October 18, 1924No. 6505PublishedCited by 3 opinions
1Opinion of the Court
LEWIS, Circuit Judge.
The plaintiff owned and operated a grain elevator at Heckling, South Dakota, situated on defendant’s right of way and near to its side track. There were other elevators, coal sheds and stockyards along this track. While switching ears on to the side track for the stockyards on the night of December 23, 1920, one of them was derailed, pushed against the elevator and wrecked it. For this plaintiff sued to recover damages. The court directed a verdict for defendant at the close of plaintiff’s evidence, and that ruling is assigned as error.
Plaintiff set up in his complaint a…
2Cases cited18 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- The Steamboat New World v. KingSupreme Court of the United States · 1854
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3Cited by3 opinions
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Chicago & North Western Transportation Co. v. v & R Sawmill, Inc.District Court, D. South Dakota · 1980