Lindsay v. Chicago, B. & Q. R.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by Cynthia Lindsay against the Chicago, Burlington & Quincy Railroad Company and another.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by Cynthia Lindsay against the Chicago, Burlington & Quincy Railroad Company and another. Judgment for defendants, and plaintiff brings error. • Plaintiff, a citizen of Pennsylvania, sued the Chicago, Burlington & Quincy Railroad Company, an Illinois corporation and the Chicago, Burlington & Quincy Railway Company, an Iowa corporation, in the Circuit Court of the United States for the Northern District of Illinois, for the death of her husband,…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1] 1. Tiie dismissal as to the railway company was proper, under a plea denying residence of either plaintiff, a citizen of Pennsylvania, or defendant, a citizen of Iowa, in the Northern district of Illinois.
[2] 2. Clearly, under the foregoing facts, the deceased was in no sense an employé of the railroad company, but only of the Pullman Company. Robinson v. B. & O. R. R. Co., supra.
[3] 3. If the contract of employment and the release had been made in Colorado, they would be a complete defense to a suit for injuries not resulting in death. Both under the…
2Cases cited8 opinions
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Denver & Rio Grande Railroad v. FredericSupreme Court of Colorado · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nelson v. BrowningSupreme Court of Missouri · 1965
- Charles E. Bowles, Jr. v. Zimmer Manufacturing Company, an Indiana CorporationCourt of Appeals for the Seventh Circuit · 1960
- Western Newspaper Union v. WoodwardDistrict Court, W.D. Missouri · 1955
- Preine v. FreemanDistrict Court, E.D. Virginia · 1953
- Roby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1958
3 more not listed; retrieve them via the Exa API.