Clark v. Russell
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Emma linssell, the defendant in error and plaintiff below, was a passenger on a train on the Union Pacific Kailroad, which at the time wa,s operated by S. H. fX. Clark, E. Ellery Anderson, Oliver W. Mink, John W. Iloane, and Frederick It. Coudert, as receivers, the plaimilis in error and defendants below.
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In Error to the Circuit Court of the United States for the District of Colorado. Emma linssell, the defendant in error and plaintiff below, was a passenger on a train on the Union Pacific Kailroad, which at the time wa,s operated by S. H. fX. Clark, E. Ellery Anderson, Oliver W. Mink, John W. Iloane, and Frederick It. Coudert, as receivers, the plaimilis in error and defendants below. The car in which she was riding was derailed while the train was in the state of Nebraska, and she received ihe personal injuries for which she brought this action in a state court in Colorado, from whence it…
1Opinion of the CourtCaldwell, Circuit Judge
Hie only error assigned which challenges our attention is that the circuit court erred in giving effect to a„ statute of Nebraska which reads as follows:
“Every railroad company, as aforesaid, shall be liable for all damages inflicted upon tho person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the Injury complained of shall be the violation of some express rale or regulation of said road actually brought to his or her no • tice.” Oomp. Si. Neb. c. 72, § 3.
This statute was enacted…
2Cases cited18 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Texas Pipe Line Co. v. WareCourt of Appeals for the Eighth Circuit · 1926
- Floyd v. Vicksburg Cooperage Co.Mississippi Supreme Court · 1930
- Lutz v. City of New OrleansDistrict Court, E.D. Louisiana · 1916
- Caine v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1923
- Hopkins v. KurnSupreme Court of Missouri · 1943
1 more not listed; retrieve them via the Exa API.