Jackson v. Chicago, R. I. & P. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. Action by Mary Jackson, administratrix of the estate of Harry Jackson, deceased, against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error. The plaintiff brought this action in the state court against the defendant company and Peter Couture for the alleged wrongful act resulting in the death of plaintiff’s intestate.
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In Error to the Circuit Court of the United States for the District of Nebraska. Action by Mary Jackson, administratrix of the estate of Harry Jackson, deceased, against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error. The plaintiff brought this action in the state court against the defendant company and Peter Couture for the alleged wrongful act resulting in the death of plaintiff’s intestate. On the ground of diversity of citizenship and an alleged separable controversy the case was removed on the petition of tiu-railway company to the…
1Opinion of the CourtSmith McPHERSON, District Judge
(after stating the facts as above). 1. For many years there has been in Nebraska a statute allowing a recovery for the death of a person caused by the wrongful act of another. The action must be brought in the name of the personal representative of the deceased, and the amount recovered shall be for the exclusive benefit of the widow and next of kin, and shall be distributed as though personal property left by deceased dying intestate. That statute applies generally to persons and corporations doing the wrongful act. The statute of limitations under that statute, is two years. In 1907. the…
2Cases cited26 opinions
- Kepner v. United StatesSupreme Court of the United States · 1904
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- In Re MooreSupreme Court of the United States · 1908
- Townsend v. LittleSupreme Court of the United States · 1883
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Schaefer v. First National Bank of LincolnwoodDistrict Court, N.D. Illinois · 1970
- Dennis W. Baker v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Sixth Circuit · 1974
- Nichols v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Scrivner v. Boise Payette Lumber Co.Idaho Supreme Court · 1928
- Reagan v. BoydMontana Supreme Court · 1921
18 more not listed; retrieve them via the Exa API.