Southern Pac. Co. v. Schuyler
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States, for the Northern District of California. The defendant in error brought an action against the plaintiff in error to recover damages for personal injuries sustained in a train wreck on February 17, 1901. The defendant in error was a mail clerk on a railroad train which was ditched near Mill City by the washing out of a fill or embankment.
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In Error to the Circuit Court of the United States, for the Northern District of California. The defendant in error brought an action against the plaintiff in error to recover damages for personal injuries sustained in a train wreck on February 17, 1901. The defendant in error was a mail clerk on a railroad train which was ditched near Mill City by the washing out of a fill or embankment. The "embankment was about 150 feet long, 24 feet high, and 16 feet wide at the roadbed, and sloped gradually downward and away. It was constructed at a point where a ravine or dry wash comes down to the…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error, first, that the court sustained an objection to the admission in evidence of a written copy of a newspaper article which had been published in the Lovelock Tribune on March 2, 1901. A witness had testified on behalf of the plaintiff in error concerning the cloud-burst which occurred on February 16th near Lovelock, some 25 miles from the place of the accident. On his cross-examination he stated, whether voluntarily or in answer to a question does not appear from the bill of exceptions, that the editor of the newspaper came and interviewed him about it, and afterwards…
2Cases cited4 opinions
- Read v. . SpauldingNew York Court of Appeals · 1864
- Gillespie v. St. Louis, Kansas City, & Northern Railway Co.Missouri Court of Appeals · 1879
- Dibble v. MorganU.S. Circuit Court for the District of Eastern Texas · 1873
- Odd Fellows Mutual Aid Ass'n v. JamesCalifornia Supreme Court · 1883
3Cited by10 opinions
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- The Anna C. MinchCourt of Appeals for the Second Circuit · 1921
- Townsend v. United StatesCourt of Appeals for the Third Circuit · 1939
- ST. IOANNIS SHIPPING CORPORATION v. Zidell Explorations, Inc.District Court, D. Oregon · 1963
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