Legal Opinion

Chicago, Rock Island and Pacific Railroad Company v. Dallas D. Speth and Olin Mathieson Chemical Corporation

Court of Appeals for the Eighth Circuit

Decided December 12, 1968No. 19187PublishedCited by 57 opinions

1Opinion of the Court

LAY, Circuit Judge.

The Chicago, Rock Island and Pacific Railroad Company appeals from an adverse judgment under the Federal Boiler Inspection Act, 45 U.S.C. §§ 22-34. The defendant seeks reversal challenging (1) the failure of plaintiff to prove a violation of the Boiler Inspection Act as a matter of law and (2) the trial court giving additional instructions to the jury in absence of counsel after the case had been submitted. We reverse and grant a new trial on damages only.

The evidence discloses that Dallas D. Speth was employed by the railroad as a fireman on a switch engine. On October 4,…

2Cases cited18 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. McDonald v. PlessSupreme Court of the United States · 1915
  3. Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
  4. Fillippon v. Albion Vein Slate Co.Supreme Court of the United States · 1919
  5. Farmers Co-Operative Elevator Association Non-Stock of Big Springs, Nebraska, a Cooperative Corporation v. Arthur C. StrandCourt of Appeals for the Eighth Circuit · 1967

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3Cited by57 opinions

  1. United States v. David T. DellingerCourt of Appeals for the Seventh Circuit · 1973
  2. Marion Domeracki v. Humble Oil & Refining Co.Court of Appeals for the Third Circuit · 1971
  3. State v. PittmanSupreme Court of South Carolina · 2007
  4. Resolution Trust Corp. v. StoneCourt of Appeals for the Tenth Circuit · 1993
  5. Sellars v. United StatesDistrict of Columbia Court of Appeals · 1979

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

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