Northern Pac. Ry. v. Perry
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. Lewis G. Perry, the defendant in error, brought an action against the Northern Pacific Railway Company for damages on account of injuries which he sustained on June 24, 1899, by being knocked from one of the trains of the railroad company.
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In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. Lewis G. Perry, the defendant in error, brought an action against the Northern Pacific Railway Company for damages on account of injuries which he sustained on June 24, 1899, by being knocked from one of the trains of the railroad company. He alleged in his complaint that he was working in the capacity of a freight brakeman upon a fast stock train, and that through the negligence of the plaintiff in error a certain water pipe, used to take water from a tank alongside the main line of…
1Opinion of the CourtGilbert, Circuit Judge
It is contended that upon all the evidence in the case the court erred in denying the request of the plaintiff in error to direct a verdict in its favor on the ground that the injury sustained by the defendant in error was a risk incidental to his employment, and for the reason that there was no evidence sufficient to show negligence upon the part of the plaintiff in error. There is direct evidence to the effect that at the time when the defendant in error was injured the spout was down from its perpendicular position, and was hanging across the track, and that it struck him, and knocked him…
2Cases cited6 opinions
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Chicago G. W. Ry. Co. v. PriceCourt of Appeals for the Eighth Circuit · 1899
- Choctaw, O. & G. R. v. McDadeCourt of Appeals for the Sixth Circuit · 1902
- Dunn v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boylen v. Berkey & Gay Furniture Co.Michigan Supreme Court · 1932