Legal Opinion

Northern Pacific Railroad v. Freeman

Supreme Court of the United States

Decided May 15, 1899No. 241PublishedCited by 111 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action by the widow and minor children of Thomas A. Freeman, originally brought in the Circuit Court for the District of Washington against the receiver of the Northern Pacific Railroad Company, and subsequently, after-the discharge of the receiver, continued against the Northern Pacific Railway Company, purchaser at the foreclosure sale, which, by virtue of the provisions of the decree of sale, had…

Read the full summary

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action by the widow and minor children of Thomas A. Freeman, originally brought in the Circuit Court for the District of Washington against the receiver of the Northern Pacific Railroad Company, and subsequently, after-the discharge of the receiver, continued against the Northern Pacific Railway Company, purchaser at the foreclosure sale, which, by virtue of the provisions of the decree of sale, had assumed the liabilities of the receiver. The object of the action was to recover damages on account of the death of Thomas…

1Opinion of the CourtJustice Brown

There was testimony from several witnesses in the neighborhood tending to show that no whistle 'was blown by the engineer as the train approached the crossing. There was also the testimony of the conductor, engineer and fireman that the whistle was blown. As the majority of plaintiffs’ witnesses were so located that they would probably have heard the whistle if it had been blown, there was a conflict of testimony with respect to defendants’ negligence, which was properly left to the jury.

The real question in the case was as to the contributory negligence of plaintiffs’ intestate. For several…

2Cases cited2 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885

3Cited by111 opinions

  1. Herron v. Southern Pacific Co.Supreme Court of the United States · 1931
  2. Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  3. Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
  4. Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
  5. Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909

106 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API