Peirce v. Kile
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by Robert Kile, administrator of the estate of Eli M. Davis, deceased, defendant in error, against the appellant, Robert B. F. Peirce, receiver of the Toledo, St. Louis & Kansas City Railroad Company, to recover damages for negligently causing the death of Eli M. Davis.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by Robert Kile, administrator of the estate of Eli M. Davis, deceased, defendant in error, against the appellant, Robert B. F. Peirce, receiver of the Toledo, St. Louis & Kansas City Railroad Company, to recover damages for negligently causing the death of Eli M. Davis. The only count of the declaration upon which reliance is placed is predicated upon the negligence of the plaintiff in error in failing to furnish proper and adequate machinery and appliances, and in furnishing…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The declaration charges a failure by the master to furnish adequate machinery and appliances, and negligence upon his part in furnishing appliances which were improper, inadequate, and of insufficient strength for the required service, and that the death of the defendant in error resulted from such negligent discharge by him of *867his duty. It was, therefore, incumbent upon the defendant in error to prove the negligence asserted in one or other of the particulars charged, and that such failure in duty was the proximate cause of the death. The duty of the…
2Cases cited5 opinions
- Bahr v. Lombard, Ayres & Co.Supreme Court of New Jersey · 1890
- Cleveland, C., C. & St. L. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1896
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- McKinnon v. NorcrossMassachusetts Supreme Judicial Court · 1889
- Micou v. LamarU.S. Circuit Court for the District of Southern New York · 1881
3Cited by18 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Minneapolis General Electric Co. v. CrononCourt of Appeals for the Eighth Circuit · 1908
- Central R. v. PelusoCourt of Appeals for the Second Circuit · 1923
- Chicago & N. W. Ry. Co. v. O'BrienCourt of Appeals for the Eighth Circuit · 1904
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