Southern Pac. Co. v. Maloney
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. Sarah Maloney, being possessed of a ticket entitling her to be carried as a passenger over the railroad of the Southern Pacific Company from Ogden, Utah, to San Francisco, California, and desiring to take a train which was standing at the company’s station at Ogden, between 1 and 2 o’clock in the morning, and was about to start to San Francisco, made inquiry of a colored porter connected with…
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In Error to the Circuit Court of the United States for the District of Nebraska. Sarah Maloney, being possessed of a ticket entitling her to be carried as a passenger over the railroad of the Southern Pacific Company from Ogden, Utah, to San Francisco, California, and desiring to take a train which was standing at the company’s station at Ogden, between 1 and 2 o’clock in the morning, and was about to start to San Francisco, made inquiry of a colored porter connected with that train respecting the location of the chair car, whereupon the porter offered to show her to the car, took her…
1Opinion of the CourtVan Devanter, Circuit Judge
It is complained that the court denied the defendant’s request for a directed verdict in its favor; that the court instructed the jury that tfcs defendant was liable for the “damages naturally resulting” to the plaintiff from the wrongful acts of the portel, thereby permitting damages to be awarded for mere inconvenience, fright, and mental suffering; that the damages awarded are excessive; and that the court denied the defendant’s motion for a new trial.
In support of the contention that there should have been a directed verdict, it is said that the petition failed to allege, and the evidence…
2Cases cited7 opinions
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Railway Co. v. HeckSupreme Court of the United States · 1880
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- McClellan v. PyeattCourt of Appeals for the Eighth Circuit · 1892
- Walker v. MoserCourt of Appeals for the Eighth Circuit · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Southern Ry. Co. v. BlackCourt of Appeals for the Fourth Circuit · 1942
- Liberty Bell Gold Mining Co. v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Omaha Water Co. v. SchamelCourt of Appeals for the Eighth Circuit · 1906
- Mason City & Ft. Dodge R. Co. v. BoyntonCourt of Appeals for the Eighth Circuit · 1907
5 more not listed; retrieve them via the Exa API.