Drake v. Union Pacific Railway Co.
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. An instruction is vicious which ignores a qualification which the evidence tends to prove. (Railway Go. v. Rector, 9 Am. & Eng. R. R. Cas. 265, .269.) A railway company is not held to be an insurer of the safety of its employees, even as to the agencies within its control; a fortiori, it ought not to be held to this rule as to agencies without its control. (Railway Go. v. Fowler, 8 Am. & Eng.
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APPEAL from District Court, Bear Lake County. An instruction is vicious which ignores a qualification which the evidence tends to prove. (Railway Go. v. Rector, 9 Am. & Eng. R. R. Cas. 265, .269.) A railway company is not held to be an insurer of the safety of its employees, even as to the agencies within its control; a fortiori, it ought not to be held to this rule as to agencies without its control. (Railway Go. v. Fowler, 8 Am. & Eng. R. R. Cas. 504, 509; Pierce on Railroads, 379, cases ci:ed; Gibson v. Railway Go., 63 N. Y. 449, 20 Am. Rep. 5521; De Forest v. Jewett, 88 N. Y. 264; Wood on…
1Opinion of the CourtBerry, J.
This is an appeal from the district court of the third judicial district, Bear Lake county, tried by a jury at the July term, 1888, Honorable Case Broderick, district judge, presiding. The action is brought by the plaintiff as administrator of one Fred. S. Drake, deceased, who was killed in an accident on the Oregon Short Line Railway, one of the lines of the defendant, at a point near Ham’s Fork, in Wyoming territory, January, 28, 1887. The complaint alleges that the deceased was employed by the defendant at the time as a fireman on one of its locomotive engines; that at the place of the…
2Cases cited2 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- De Forest v. . JewettNew York Court of Appeals · 1882
3Cited by4 opinions
- Antler v. CoxIdaho Supreme Court · 1915
- Goure v. StoreyIdaho Supreme Court · 1909
- Zienke v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906