Illinois Cent. R. v. Ackerman
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. Action by the administratrix to recover damages for the death of her intestate alleged to have been caused by the negligence of the railroad company. Trial to a jury followed by a verdict and-judgment for the plaintiff.
1Opinion of the Court
HOOK, Circuit Judge.
There was substantial evidence of the negligence of the railroad compan}" in respect of the speed of the cars and the absence of- signals, and the verdict of the jury in favor of the plaintiff precludes further inquiry into that matter. But the neglig-ence of the railroad company did not absolve the deceased from his duty to look' and listen before venturing upon the track, and the evidence conclusively shows that by his failure to perform that duty he was guilty of negligence contributing directly to his death.
The employes of the railroad company were engaged in pushing…
2Cited by33 opinions
- Toledo, St. Louis & Western Railroad v. AllenSupreme Court of the United States · 1928
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- Arnold v. San Francisco-Oakland Terminal RailwaysCalifornia Supreme Court · 1917
- Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
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