Oregon Short Line & U. N. Ry. Co. v. Frost
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. This was an action by Hattie Frost, as administratrix of James Frost, deceased, against the Oregon Short Line & Utah Northern Railway Company, to recover damages for the death of the intestate. The plaintiff recovered judgment in the circuit court. A motion for a new trial was denied. 69 Fed. 936. Defendant brought error.
1DissentHawley, District Judge
I am of opinion that the decision of this court in Railroad Co. v. Charless, 2 C. C. A. 380, 51 Fed. 562-569, is applicable to the facts of this case; that it authorized the giving of the instruction herein complained of; that it is correct, and should be adhered to, notwithstanding the fact that other circuits have laid down a rule somewhat at variance with the principles therein enunciated. In that case it was expressly held that an allegation which substantially stated that the telegraph operator at the local station negligently failed to notify plaintiff and his co-employés that in going…
2Cases cited10 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
- Chicago & Eastern Illinois Railroad v. KneirimIllinois Supreme Court · 1894
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