Northern Pac. Ry. Co. v. Curtz
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action at law by Tony Curtz, a minor, by Agnes Curtz, guardian ad litem, against the Northern 'Pacific Railway Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff m error to recover damages for personal injuries.
Read the full summary
In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action at law by Tony Curtz, a minor, by Agnes Curtz, guardian ad litem, against the Northern 'Pacific Railway Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff m error to recover damages for personal injuries. The complaint alleged that on or about September 12, 1908, the plaintiff in error held on its switches on Dock street in Tacoma three or four empty cars which had recently been unloaded of wheat;…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above), [1] Error is assigned to the denial of the motion of the plaintiff in error for an instructed verdict. The evidence showed that the injury occurred, not on the private property of the plaintiff in error, but upon a'public street o'f the city of Tacoma', where it was the custom of thé railroad company to store its empty wheat cars. There was evidence that loose wheat was left in each car after unloading, and that for more than six years prior to the time of the accident men, boys, and girls daily and openly went into such empty cars to sweep and gather up…
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Garner v. TrumbullCourt of Appeals for the Eighth Circuit · 1899
- Thompson v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1899
- Ollis v. Houston East & West Texas Railway Co.Court of Appeals of Texas · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Trivette v. Chesapeake & O. R. Co.Court of Appeals for the Sixth Circuit · 1914
- United Zinc & Chemical Co. v. BrittCourt of Appeals for the Eighth Circuit · 1920
- Empire District Electric Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1936
3 more not listed; retrieve them via the Exa API.