Chicago, B. & Q. R. v. Miller
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This was an action for personal injuries. J. R. Miller, the defendant in error, who was the plaintiff below, sued the Chicago, Burlington & Quincy Railroad Company, the plaintiff in error, for damages sustained by the derailment of one of its trains near Tower Station, in Boulder county, Colo.
Read the full summary
In Error to the Circuit Court of the United States for the District of Colorado. This was an action for personal injuries. J. R. Miller, the defendant in error, who was the plaintiff below, sued the Chicago, Burlington & Quincy Railroad Company, the plaintiff in error, for damages sustained by the derailment of one of its trains near Tower Station, in Boulder county, Colo. The derailment of the train was alleged to have been occasioned in the following manner: Because the engine which was hauling the train at the time of the accident was old and worn, and could not hold the train when it was…
1Opinion of the CourtThayer, Circuit Judge
The chief error complained of consists in the action of the trial court in sustaining the demurrer to the third defense which was pleaded by the defendant company. With reference to the alleged ‘ error, it is to be observed that it has been held in several well-considered cases that, if a railroad company organizes a relief association *441for the special benefit of its injured, sick, and disabled employés, pays the incidental expenses of such association, acts as treasurer or custodian of its funds, and enters into a binding obligation to support and maintain the association by paying out of its…
2Cases cited6 opinions
- Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Chicago, Burlington & Quincy Railroad v. BellNebraska Supreme Court · 1895
- Fuller v. Baltimore & Ohio Employes' Relief Ass'nCourt of Appeals of Maryland · 1887
- Lease v. Pennsylvania Co.Indiana Court of Appeals · 1894
- Owens v. Baltimore & O. R. Co.United States Circuit Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Priestley v. StaffordCalifornia Court of Appeal · 1916
- Hartman v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.