Northern Pac. Ry. Co. v. Adams
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Washington. This was an action to recover damages from the plaintiff in error for the loss sustained through the alleged negligent killing of Jay H. Adams, the husband and father of the defendants in error. A verdict was obtained in the lower court in favor of the defendants in error in the sum of $14,000, and judgment entered for that amount.
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In Error to the Circuit Court of the United States for the District of Washington. This was an action to recover damages from the plaintiff in error for the loss sustained through the alleged negligent killing of Jay H. Adams, the husband and father of the defendants in error. A verdict was obtained in the lower court in favor of the defendants in error in the sum of $14,000, and judgment entered for that amount. The case is now before this court upon writ of error to reverse that judgment. See 95 Fed. 938. It appears that the deceased, Jay H. Adams, was an attorney at law residing at…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The errors assigned are the sustaining of the demurrer to the affirmative defense contained in the answer, the admission of certain testimony at the trial, and the giving of certain instructions to the j'ury, and refusing to give certain other instructions. The first question, then, for consideration is, what effect, if any, did the contract between the deceased and the railway company have upon the plaintiffs’ right of action?
It will be observed that the terms of the contract provided for the exemption of the railroad company from liability “for any injury…
2Cases cited7 opinions
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Melville v. Butte-Balaklava Copper Co.Montana Supreme Court · 1913
- Seaboard Air Line Ry. Co. v. OliverCourt of Appeals for the Fifth Circuit · 1919
- Western Union Telegraph Co. v. PrestonCourt of Appeals for the Third Circuit · 1918
- St. Louis, Iron Mountain & Southern Railway Co. v. OliverSupreme Court of Arkansas · 1909
13 more not listed; retrieve them via the Exa API.