Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Wyer

Court of Appeals for the Eighth Circuit

Decided September 5, 1925No. 6911PublishedCited by 10 opinions

1Opinion of the Court

BOOTH, Circuit Judge.

Defendant in error, plaintiff below, recovered a verdict for damag-es on account of personal injuries claimed to have been caused by negligence of the railway company, hereafter called defendant.

Several items of negligence were alleged in the complaint, but the particular count of negligence upon which plaintiff relied at the trial was failure on the part of defendant to warn him of the danger in his work. Defendant in its answer denied negligence, and set up assumption of risk and contributory negligence on the part of the plaintiff. ' The main .facts disclosed by the…

2Cases cited26 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
  3. A. B. Small Co. v. Lamborn & Co.Supreme Court of the United States · 1925
  4. Chesapeake & Ohio Railway Co. v. ProffittSupreme Court of the United States · 1916
  5. Southern Pacific Co. v. BerkshireSupreme Court of the United States · 1921

21 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Davis v. CraneCourt of Appeals for the Eighth Circuit · 1926
  2. New York, C. & St. L. R. Co. v. KellyCourt of Appeals for the Seventh Circuit · 1934
  3. Wheelock v. ClayCourt of Appeals for the Eighth Circuit · 1926
  4. Aqua System, Inc. v. KodakoskiCourt of Appeals for the Fifth Circuit · 1937
  5. St. Louis-San Francisco Ry. v. BaehlerCourt of Appeals for the Eighth Circuit · 1928

5 more not listed; retrieve them via the Exa API.

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