Legal Opinion

Hulbert v. City of Topeka

United States Circuit Court

Decided April 9, 1888PublishedCited by 24 opinions

At Law. On demurrer to complaint. This was an action by A. G. Hulbert, the Missouri administrator of one Frances G. Hulbert, to recover damages from the city of Topeka, on the ground that her death had been caused by the negligent manner in which that city kept its steeets.

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At Law. On demurrer to complaint. This was an action by A. G. Hulbert, the Missouri administrator of one Frances G. Hulbert, to recover damages from the city of Topeka, on the ground that her death had been caused by the negligent manner in which that city kept its steeets. The accident occurred in August, 1879, and Mrs. Hulbert died in St. Louis, Mo., in March, 1886. The laws of that state as to this class of actions are found in 1 Rev. St. Mo. 1879, and are as follows: “Sec. 94. Executors and administrators shall collect all money and debts of every kind due to the deceased, and give…

1Opinion of the CourtBrewer, J.

This case is now submitted on a demurrer to a second amended petition. The facts are these: On August 21, 1879, Frances G. Hulbert, the plaintiff’s intestate, while on one of the streets of the city of Topeka, was injured; and it was claimed that the injury was caused by .the negligence of the defendant in failing to keep that street in good repair. 'On the 3d of March, 1880, she filed her petition in the state court. The case remained there for some four jrears and over, during which time it was tried, but the trial resulted in a hung jury. Thereafter it was removed to this court, and…

2Cases cited5 opinions

  1. McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
  2. Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
  3. Andrews v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1867
  4. Holman v. NanceSupreme Court of Missouri · 1884
  5. Limekiller v. Hannibal & St. Joseph RailroadSupreme Court of Kansas · 1885

3Cited by24 opinions

  1. Perham v. Portland Electric Co.Oregon Supreme Court · 1898
  2. St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
  3. Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
  4. Rowe v. RichardsSouth Dakota Supreme Court · 1915
  5. Rowe v. RichardsSouth Dakota Supreme Court · 1913

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