Chicago, M. & St. P. Ry. Co. v. Bennett
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District pf Iowa. Action by Marion Bennett against the Chicago, Milwaukee & St. Paul Railwáy Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
'The plaintiff below drove his team of horses, attached to a lumber wagon, upon the railroad of the Chicago, Milwaukee & St. Paul Railway Company at a crossing in a cut about eight feet deep, and was struck and injured by a train that crossed the highway on the railroad. He sued the company for damages caused by its alleged negligence, in that it failed to sound the whistle or ring the bell of its engine at the proper time to warn of the latter’s approach. The company alleged that it rang the bell, sounded the whistle, and otherwise exercised due care, and that the…
2Cases cited18 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Isbell v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
- Hickey C. Missouri Pacific Railroad Corp. in NebraskaCourt of Appeals for the Eighth Circuit · 1925
- Dernberger v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1917
25 more not listed; retrieve them via the Exa API.