St. Louis, I. M. & S. Ry. Co. v. Needham
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This was an action by Mrs. D. L. Needham and T. B. T. Williams,, a minor, by his next friend, said Mrs. Needham, against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for the death of D. L. Needham.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This was an action by Mrs. D. L. Needham and T. B. T. Williams,, a minor, by his next friend, said Mrs. Needham, against the St. Louis, Iron Mountain & Southern Railway Company, to recover damages for the death of D. L. Needham. Judgments recovered by the plaintiff on two successive trials were reversed on error. 3 C. C. A. 129, 52 Fed. 371, and 11 C. C. A. 56, 63 Fed. 107. On the third trial, plaintiffs again recovered judgment. Defendant brings error. Affirmed.
1Opinion of the Court
SANBORN, Circuit Judge.
On a dark night in December, 1889, at Alexander, in the state of Arkansas, a train of cars upon the railroad of the St. Louis, Iron Mountain &, Southern Railway Company, the plaintiff in error, ran upon a spur track through an open switch; and Dan L. Needham, who was in the service of the railroad company as the fireman on this train, was killed. The switch had been left open by the carelessness of some of his fellow servants on a preceding train, and in Railway Co. v. Needham, 11 C. C. A. 56, 63 Fed. 107, we held that his widow, Mrs. D. L. Needham, the defendant in…
2Cases cited16 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Evanston v. GunnSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
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3Cited by8 opinions
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- American Car & Foundry Co. v. BarryCourt of Appeals for the Eighth Circuit · 1912
- Missouri Valley Bridge & Iron Co. v. NunnemakerCourt of Appeals for the Eighth Circuit · 1913
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