Simerson v. St. Louis & S. F. R.
Court of Appeals for the Eighth Circuit
In Error to the .Circuit Court of the United States for the District of Kansas. Action by Annie Simerson against the St. Louis & San Francisco Railroad Company. Judgment for defendant on directed verdict, and plaintiff brings error.
1Opinion of the Court
ADAMS, Circuit Judge.
This was an action by the widow of John Simerson, on behalf of herself and her two minor children, for dam*613ages occasioned by the death of her husband, caused by the negligent acts of his co-employés while they were working together as a switching crew in the yards of defendant railroad company in Neodesha, Kan. The Circuit Court at the close of plaintiff’s case, it not having appeared, among other tilings, that any notice of injury had been given to the railroad company prior to the institution of the suit, directed a verdict for the defendant. Plaintiff prosecutes error.
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2Cases cited5 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Veginan v. MorseMassachusetts Supreme Judicial Court · 1893
- Lange v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1903
- Swisher v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
- Denver & R. G. R. Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1908
3Cited by6 opinions
- Chapman v. Griffith-Consumers Co.Court of Appeals for the D.C. Circuit · 1939
- McIlvaine Patent Corporation v. Walgreen Co.Court of Appeals for the Seventh Circuit · 1943
- Choctaw, O. & G. R. v. JacksonCourt of Appeals for the Eighth Circuit · 1911
- Chicago, B. & Q. R. v. RichardsonCourt of Appeals for the Eighth Circuit · 1913
- Otis Elevator Co. v. CliffCourt of Appeals for the Eighth Circuit · 1912
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