Railroad Company v. Houston
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Missouri. This was "an action against the Chicago, Rock Island, and Pacific Railroad Company, brought under a statute of Missouri, - which subjects a corporation to a .penalty of $5,000 where death is caused by an injury resulting from.
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Error to the Circuit Court of the United States for the Western District of Missouri. This was "an action against the Chicago, Rock Island, and Pacific Railroad Company, brought under a statute of Missouri, - which subjects a corporation to a .penalty of $5,000 where death is caused by an injury resulting from. “ the negligence,.unskilfulness, or criminal intent ” of any of its officer's, agents, servants, or einployés, .whilst ’ running, conducting, or managing a locomotive,' car, or train - óf cars. In this case, the deceásed. was the wife of the plaintiff; her death was caused'by injuries…
1Opinion of the CourtJustice Field
If the positions most advantageous for the plaintiff be as sumed as correct, that the train was moving at. an unusual rate of speed, its bell not rung, and its whistle not sounded, it is still difficult to see on what ground the accident can be attributed solely to' the “ negligence, unskilfulness, or criminal intent ” of the defendant’s engineer. Had the train been moving at an ordinary rate of speed, it would have been impossible for him to stop the engine when within four feet of the deceased. And she was at the time on the private right-of-way of the company, where she had no right to be.…
2Cases cited7 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Pleasants v. FantSupreme Court of the United States · 1875
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by297 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
292 more not listed; retrieve them via the Exa API.