Illinois Cent. R. v. Nelson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. • Action by Benjamin Nelson, administrator of the estate of Henry C. Miller, deceased, against the Illinois Central Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
HOOK, Circuit Judge.
This writ of error assails a judgment obtained by the administrator against the railroad company for negligently causing the death of Henry C. Miller. About 11 o’clock in the forenoon of a bright, clear day the deceased, who was 41 years of *916age, in the full possession of his faculties, and familiar with the locality, with no obstacle to his view of an approaching train, walked directly in front of it, and was run over and killed. It is not important whether the company was negligent in the first instance. The contributory negligence of the deceased was admitted in the…
2Cases cited3 opinions
- Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- St. Louis & S. F. R. v. SummersCourt of Appeals for the Eighth Circuit · 1909
3Cited by12 opinions
- Fairport, Painesville & Eastern Railroad v. MeredithSupreme Court of the United States · 1934
- Braden's Administratrix v. ListonCourt of Appeals of Kentucky (pre-1976) · 1934
- Atchison, T. & S. F. Ry. Co. v. TaylorCourt of Appeals for the Eighth Circuit · 1912
- Anderson v. Bingham & Garfield Ry. Co.Utah Supreme Court · 1950
- Little Rock Ry. & Electric Co. v. BillingsCourt of Appeals for the Eighth Circuit · 1911
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