Legal Opinion

Joplin & P. Ry. Co. v. Payne

Court of Appeals for the Eighth Circuit

Decided March 7, 1912No. 3,625PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the District of Kansas. Action by Robert H. Payne against the Joplin & Pittsburg Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WM. H. MUNGER, District Judge.

Robert H. Payne brought this action against the Joplin & Pittsburg Railway Company to recover damages which he sustained on account of the death of his wife, who was a passenger upon the defendant road and lost her life in the state of Kansas through the negligence of the defendant. A trial was had, resulting in a judgment for plaintiff, and the railroad company seeks to have that judgment reversed.

*389There are three assignments of error: First, that the petition does not state a cause of action; second, that judgment was given for plaintiff, when it should have…

2Cases cited10 opinions

  1. Ætna Indemnity Co. v. J. E. Crowe Coal & Mining Co.Court of Appeals for the Eighth Circuit · 1907
  2. Atchison, Topeka & Santa Fe Railway Co. v. RyanSupreme Court of Kansas · 1901
  3. Atchison, Topeka & Santa Fe Railway Co. v. TownsendSupreme Court of Kansas · 1905
  4. Western Coal & Mining Co. v. IngrahamCourt of Appeals for the Eighth Circuit · 1895
  5. Oswego Township v. Travelers' Ins.Court of Appeals for the Eighth Circuit · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Trope v. United StatesCourt of Appeals for the Eighth Circuit · 1921
  2. Whelan v. WelchCourt of Appeals for the D.C. Circuit · 1921
  3. McDonald v. MinerIndiana Supreme Court · 1941
  4. National Power Construction Co. v. RouleauIndiana Court of Appeals · 1924
  5. Calvert v. Terminal Taxicab Co.Court of Appeals for the D.C. Circuit · 1918

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