Northern Pacific Railroad v. Herbert
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF DAKOTA. The Northern Pacific Railroad Company is a corporation created under the laws of Congress to construct a railroad and a telegraph line from Lake Superior to Puget Sound. In 1879, it had constructed and was operating the road from Duluth, in Minnesota, to Bismarck, in Dakota.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF DAKOTA. The Northern Pacific Railroad Company is a corporation created under the laws of Congress to construct a railroad and a telegraph line from Lake Superior to Puget Sound. In 1879, it had constructed and was operating the road from Duluth, in Minnesota, to Bismarck, in Dakota. On the 24th of October of that year, the plaintiff in the court below, the defendant in error here, was a brakeman in its yard at Bismarck, where 'its cars were switched upon different tracks and its trains were madé up for the road. ■ ■ It was his duty, among other…
1Opinion of the CourtJustice Field
delivered tbe opinion of tbe court. After stating the facts as above reported, he continued :
1. As to the challenge to a juror. . It appears that one Weaver, summoned as a juror, testified that he was a lumber dealer, and that the company gave him a place on its right of way for a- lumber yard, without rent., and also that he had heard the accident to the plaintiff- spoken of and explained. It was not shown, however, that he had any actual bias for or, against either ‘ party, or any belief or opinion touching the merits of the case. He was, nevertheless, challenged, and the allowance of the…
2Cases cited16 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
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- Hayes v. MissouriSupreme Court of the United States · 1887
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