Johnson v. Southern Pac. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. This is an action for damages for a personal injury, in which the court instructed the jury to return a verdict for the defendant upon this state of facts: The defendant was operating passenger trains between San Francisco, in the state of California, and Ogden, in the state of Utah. It was in the habit of drawing a dining car in these trains.
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In Error to the Circuit Court of the United States for the District of Utah. This is an action for damages for a personal injury, in which the court instructed the jury to return a verdict for the defendant upon this state of facts: The defendant was operating passenger trains between San Francisco, in the state of California, and Ogden, in the state of Utah. It was in the habit of drawing a dining car in these trains. Such a car formed a part of a train leaving San Francisco, and ran through to Ogden, where it was ordinarily turned and put into a train going west to San Francisco. On August…
1Opinion of the CourtSanborn, Circuit Judge
Under the common law the plaintiff assumed the risks and dangers of the coupling which he endeavored to make, and for that reason he is estopped from recovering the damages which resulted from his undertaking. He was an intelligent and experienced brakeman, familiar with the couplers he sought to join, and with their condition, and well aware of the difficulty and danger of his undertaking, so that he falls far within the familiar rules that the servant assumes the ordinary risks and dangers of the employment upon which he enters, so far as they are known to him, and so far as they would have…
2Cases cited37 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- United States v. FisherSupreme Court of the United States · 1805
- Coe v. ErrolSupreme Court of the United States · 1886
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
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3Cited by27 opinions
- United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
- Pustet v. United StatesCourt of Customs and Patent Appeals · 1926
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Rio Grande Southern Railroad v. CampbellSupreme Court of Colorado · 1908
22 more not listed; retrieve them via the Exa API.