Bowen v. Illinois Cent. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South Dakota. This is a writ of error to review the action of the Circuit Court in directing a verdict for the defendant.
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In Error to the Circuit Court of the United States for the District of South Dakota. This is a writ of error to review the action of the Circuit Court in directing a verdict for the defendant. After statements, by way of inducement, the gravamen of the petition is: That one Henry A. Steagald was a man of dangerous and violent character, subject to sudden fits of anger, disregardful of the persons and lives of others, and was not a fit man to have charge of the station house and depot of a common carrier, all of which was well known to the defendant; that, in disregard of its duty to the…
1Opinion of the Court
PHILIPS, District Judge,
after stating the case as above, delivered thé opinion of the court.
As the plaintiff at common law could not maintain any action against the defendant railroad company to recover damages for the killing of her husband by a person in the employ of the corporation, her right of action exists, if at all, by virtue of some statute of the state of South Dakota. The only statutory provisions touching this matter are sections 745 and 746 of the Revised Code of Civil Procedure of South Dakota, which are as follows:
“Sec. 745. If the life of any person, not in the employment of…
2Cases cited12 opinions
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davis v. GreenSupreme Court of the United States · 1922
- Adams v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Fourth Circuit · 1924
- St. Louis Southwestern Ry. Co. v. HarveyCourt of Appeals for the Eighth Circuit · 1906
- Hunt-Berlin Coal Co. v. PatonTennessee Supreme Court · 1918
- Western Real Estate Trustees v. HughesCourt of Appeals for the Eighth Circuit · 1909
9 more not listed; retrieve them via the Exa API.