Legal Opinion

Grand Trunk Western Ry. Co. v. Gilpin

Court of Appeals for the Seventh Circuit

Decided April 15, 1913No. 1,946PublishedCited by 5 opinions

In Error to the District Court of the United States for the Northern District of Illinois; George A. Carpenter, Judge. Action by Gertrude Gilpin against the Grand Trunk Western Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

WRIGHT, District Judge.

This suit was brought in the trial court by the defendant in error against the plaintiff in error for causing the death of Elizabeth Gilpin, in the state of Michigan, by wrongful act, neglect, or default, under the provisions of the statute of that state, called by counsel in their briefs the Death Act (Comp. Laws 1897, § 10,427), in contradistinction to another act described as the Survival Act, the latter" named act not being relied upon, because the death for which the action is brought was instantaneous. It was not disputed upon the trial of the cause, and is not…

2Cases cited3 opinions

  1. Hunt v. KileCourt of Appeals for the Seventh Circuit · 1899
  2. Kerr-Murray Mfg. Co. v. HessCourt of Appeals for the Eighth Circuit · 1899
  3. Walker v. Lansing & Suburban Traction Co.Michigan Supreme Court · 1909

3Cited by5 opinions

  1. Wetherbee v. Elgin, Joliet & Eastern Ry. Co.Court of Appeals for the Seventh Circuit · 1951
  2. Weil v. LongyearMichigan Supreme Court · 1933
  3. Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
  4. Crook v. EckhardtMichigan Supreme Court · 1937
  5. Hisakichi Wada v. Associated Oil Co.Hawaii Supreme Court · 1924

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