Lancaster v. Foster
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Western District of Texas; Du Val West, Judge. Action at law by Frances B. Foster and others against J. L. Lancaster and Pearl Wight, receivers for the Texas & Pacific Railway Company. Judgment for plaintiffs, and defendants bring error.
1Opinion of the Court
WALKER, Circuit Judge.
This was an action by the defendants in error, the widow and surviving children of A. G. Foster, deceased, to recover damages resulting from the death of the latter, which was attributed to negligence in the operation of a railroad train, which it was alleged struck him as he was undertaking to cross the railroad track where it was intersected by a road on which the deceased at the time was walking. It was pleaded as a defense that, if the deceased was struck and killed by the defendant’s train as alleged, it was through and on account of his own negligence and…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Hawkins v. United StatesSupreme Court of the United States · 1877
- Shatto v. Erie R.Court of Appeals for the Sixth Circuit · 1903
- Matson v. Port Townsend Southern RailroadWashington Supreme Court · 1894
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3Cited by9 opinions
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- Texas & N. O. Ry. Co. v. WagnerCourt of Appeals of Texas · 1923
- Bates v. MillerCourt of Appeals for the Second Circuit · 1943
- Chicago Great Western R. v. BiwerCourt of Appeals for the Eighth Circuit · 1920
- Edmiston v. Texas N. O. R. Co.Court of Appeals of Texas · 1937
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