Legal Opinion
Chicago and North Western Railway Company, a Corporation v. Elmer Bork, as Administrator of the Estate of Otto Bork, Deceased
Court of Appeals for the Eighth Circuit
Decided July 22, 1955No. 15248PublishedCited by 3 opinions
1Opinion of the Court
VAN OOSTERHOUT, Circuit Judge.
This is an appeal from judgment for plaintiff, Elmer Bork, as Administrator of the Estate of Otto Bork, deceased (appellee), upon a jury verdict on claim for the wrongful death of Otto Bork resulting from a collision between a truck owned and operated by Otto Bork and defendant’s (appellant’s) switch train. Jurisdiction is based on diversity of citizenship. Defendant at the close of the evidence moved for a directed verdict, and after verdict moved for judgment notwithstanding the verdict, both of which motions were overruled. Defendant in its reply brief states:
“…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Russell v. TurnerCourt of Appeals for the Eighth Circuit · 1945
- Buder v. BeckerCourt of Appeals for the Eighth Circuit · 1950
- Friese v. GulbrandsonSouth Dakota Supreme Court · 1943
- Johnson v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1946
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3Cited by3 opinions
- Associated Engineers, Inc. v. JobCourt of Appeals for the Eighth Circuit · 1966
- A. M. Knapp v. C. W. StyerCourt of Appeals for the Eighth Circuit · 1960
- Associated Engineers, Inc., a Montana Corporation v. Dallas Job, Grand Electric Cooperative, Inc., a Corporation, and Troy Cannon Construction Company, Inc., a Kansas Corporation, Grand Electric Cooperative, Inc., a Corporation v. Dallas Job, Troy Cannon Construction Company, Inc., a Kansas Corporation, and Associated Engineers, Inc., a Montana Corporation, Troy Cannon Construction Company, Inc., a Kansas Corporation v. Dallas Job, Grand Electric Cooperative, Inc., a Corporation, and Associated Engineers, Inc., a Montana CorporationCourt of Appeals for the Eighth Circuit · 1967