Shoemaker v. Kingsbury
Supreme Court of the United States
Error to the Circuit Court for the District of Kansas. Suit for damages for personal injuries happening on araik car; ■ the case being thus: In 1867, Shoemaker mid another were contractors for-building the Eastern-Division of the Union Pacific Railway-in Kansas; and in- October of that year they ran a construction train over a'portion of the road, carrying matérial for it.
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Error to the Circuit Court for the District of Kansas. Suit for damages for personal injuries happening on araik car; ■ the case being thus: In 1867, Shoemaker mid another were contractors for-building the Eastern-Division of the Union Pacific Railway-in Kansas; and in- October of that year they ran a construction train over a'portion of the road, carrying matérial for it. To this train' was -attached what was called,-a “ caboose-car” — a car for the accommodation of the men connected: with the train, who had their “ sleeping bunks” in this car,, and who stored their tools there, as also the…
1Opinion of the CourtJustice Field
From the whole evidence in this case it is plain that the defendants were not common carriers of passengers at the time the accident occurred, which has led. to the present action. They were merely contractors for building the Eastern Division of the Union Pacific Railway, and were running a construction train to transport material for the road. The entire train consisted, besides the engine and its tender, of cars for such material and what is called in the testimony a “caboose car.” This.latter car was intended solely for the accommodation of the men connected with the train: it contained…
2Cited by17 opinions
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- Michael Coffey, Jr. v. Norfolk Southern Railway Co.Court of Appeals for the Fourth Circuit · 2022
- Dayton Coal & Iron Co. v. DoddCourt of Appeals for the Sixth Circuit · 1911
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