Marbury v. Illinois Cent. R.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by C. C. Marbury and Mrs. C. C. Marbury against the Illinois Central Railroad Company and! the Pullman Company. Judgment for plaintiffs, and both parties bring error.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. Action by C. C. Marbury and Mrs. C. C. Marbury against the Illinois Central Railroad Company and! the Pullman Company. Judgment for plaintiffs, and both parties bring error. This suit was brought in the circuit court of Shelby county, Tenn., by William Messick and Mrs. Mary Messick, his wife, against the Illinois Central Railroad and the Pullman Company, to recover damages for alleged negligence. On petition of defendants the case was removed to the court below. It was stated in- the declaration in…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). So far as Mrs. Marbury is concerned, the complaint is that the court in its charge to the jury erred in limiting recovery to such damages as a person in average health would suffer, without resulting sickness, inconvenience, or injury, from riding for several hours on a cold day in a sleeping car which was not supplied with heat, and in withdrawing from the jury all evidence relating to plaintiff’s real condition and to damages resulting from her subsequent relapse and sickness.
*11The reason for so limiting recovery is not in terms stated in the charge of the…
2Cases cited12 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henderson v. Union Pacific RailroadOregon Supreme Court · 1950
- Chicago, D. & G. B. Transit Co. v. MooreCourt of Appeals for the Sixth Circuit · 1919
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
- Leahy v. Detroit, M. & T. Short Line Ry.Court of Appeals for the Sixth Circuit · 1917
- Carolina, C. & O. Ry. Co. v. StroupCourt of Appeals for the Sixth Circuit · 1917
4 more not listed; retrieve them via the Exa API.