Winfrey v. Missouri, K. & T. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by Eizzie Winfrey against the Missouri, Kansas & Texas Railway Company. There was a judgment for defendant, and plaintiff brings error. This was an action by Lizzie Winfrey, widow of William Winfrey, for damages occasioned to her by the death of her husband caused by the negligence of defendant Railway Company.
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In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by Eizzie Winfrey against the Missouri, Kansas & Texas Railway Company. There was a judgment for defendant, and plaintiff brings error. This was an action by Lizzie Winfrey, widow of William Winfrey, for damages occasioned to her by the death of her husband caused by the negligence of defendant Railway Company. The petition charges that the defendant received the deceased into one of its ears at Yinita, Okl., to be carried as a passenger to Blue Jacket, a station about 12 miles north of Vinita,…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The main theory of plaintiff’s case as disclosed by the pleadings was that *811defendant’s agents in charge of the north-bound train knew of Winfrey’s intoxicated and incapacitated condition, and did not exercise that degree of care required of them to remove him, or see that,he was safely removed from the train, at his destination at Blue Jacket; and as a result that the train started while he was in a perilous position, and so known by defendant’s agents, and caused him to fall or be precipitated upon the track, and that he was so injured by the fall or so…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Price v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Midland Valley R. Co. v. LittlejohnSupreme Court of Oklahoma · 1914
- Lynch v. ClarkOregon Supreme Court · 1948
- Dickson v. Chattanooga Ry. & Light Co.Court of Appeals for the Sixth Circuit · 1916
- Lynn v. StinnetteOregon Supreme Court · 1934
- Szpyrka v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1925
2 more not listed; retrieve them via the Exa API.