Neil v. Idaho & Washington Northern Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover from a railroad company for personal injuries. Judgment for plaintiff. The servants of the appellant in charge of switch engine 22, with that engine moving slowly as it was, were not bound to assume that an employee familiar as Neil was with the manner of doing business there, would be indifferent to the going and coming of cars.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to recover from a railroad company for personal injuries. Judgment for plaintiff. The servants of the appellant in charge of switch engine 22, with that engine moving slowly as it was, were not bound to assume that an employee familiar as Neil was with the manner of doing business there, would be indifferent to the going and coming of cars. They had a right to act upon the belief that Neil in the yards would take reasonable precautions against the approach of switch engines,…
1Opinion of the CourtSulliyan, J.
This action was brought under an act of Congress relating to the liability of common carriers by railroad, to their employees -in certain eases (see Supp. 1909, Fed. Stats. Ann., p. 584), to recover for damages sustained by the plaintiff for personal injuries alleged to have been received by him on account of the careless and negligent operation of a switch engine hauling four loaded cars, of coal in the switch-yards of the company at Spirit Lake, in the state of Idaho, on the morning of October 4, 1910, whereby plaintiff was so seriously injured as to necessitate the amputation of one leg…
2Cases cited34 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
29 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- Luther v. First Bank of TroyIdaho Supreme Court · 1943
- Oberlin v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
- Roy v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
13 more not listed; retrieve them via the Exa API.