Gulf, C. & S. F. Ry. Co. v. Ellis
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. ’ This was an action commenced in the United States court in the Indian Territory, third division-, by C. W. Ellis, the defendant in error, against the G-ulf, Colorado & Santa Ee Railway Company, the plaintiff in error, to recover damages for killing a mare and filly and crippling a colt by the alleged negligent operation of the defendant’s trains. The answer was a general denial.
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In Error to the United States Court in the Indian Territory. ’ This was an action commenced in the United States court in the Indian Territory, third division-, by C. W. Ellis, the defendant in error, against the G-ulf, Colorado & Santa Ee Railway Company, the plaintiff in error, to recover damages for killing a mare and filly and crippling a colt by the alleged negligent operation of the defendant’s trains. The answer was a general denial. There was a trial, and verdict and judgment for the plaintiff, and the defendant sued out this writ ot error.
1Opinion of the Court
CALDWELL, Circuit Judge.
The court below refused to give a peremptory instruction to the jury to find a verdict for the defendant as to the filly killed July 28, 1889, and this refusal is assigned for error. The evidence shows that the defendant’s engine struck and killed the filly; that the track at the place where this was done was straight and level for half a mile or more in either direction, and that one standing on the track at that point could see an animal on or near it for that distance in either direction, and that the footprints of the filly showed that she had run on the track,…
2Cases cited7 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
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- United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
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