Spokane & I. E. R. Co. v. Campbell
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Action by Edgar E. Campbell against the Spokane & Inland Empire Railroad Company. Judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Action by Edgar E. Campbell against the Spokane & Inland Empire Railroad Company. Judgment for plaintiff, and defendant brings error. On the afternoon of the 31st day of July, 1909, at about 4:30 o’clock, the defendant in error, plaintiff below, he being the motorman, started with his train of three cars — the motor car and two trailers — out of Coaur d’Alene over the electric -line for Spokane. When he had proceeded a short distance from Ceeur d’Alene,…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). Three questions are urged upon our attention: First, whether the *521Safety Appliance Act of Congress has application to interstate electric; railroads, it being contended that the defendant was not bound to equip its motors with air brakes; second, whether the trial court should have allowed the motion for judgment non obstante; and, third, whether the motion for new trial should have been granted.
[1] Section 1 of the Safety Appliance Act of Congress, March 2, 1893, requires common carriers engaged in interstate commerce by railroad to equip their locomotive…
2Cases cited13 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Newcomb v. WoodSupreme Court of the United States · 1878
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912
- Louisville & N. R. v. WeneCourt of Appeals for the Seventh Circuit · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Williams v. PowersCourt of Appeals for the Sixth Circuit · 1943
- Hines v. SweeneyWyoming Supreme Court · 1921
- Qualls v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1931
- Davis v. PayneOregon Supreme Court · 1923
- Lehigh Valley R. v. ScanlonCourt of Appeals for the Second Circuit · 1919
14 more not listed; retrieve them via the Exa API.