Sager v. Northern Pac. Ry. Co.
U.S. Circuit Court for the District of Minnesota
At Raw. On demurrer to the separate defense alleged in the answer. This case is a civil action brought to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the employes of the railway company.
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At Raw. On demurrer to the separate defense alleged in the answer. This case is a civil action brought to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the employes of the railway company. The case was originally instituted in the state court, and removed to this court by the defendant on the ground of diverse citizenship, it is alleged in the complaint that at the time the plaintiff received the injuries complained of he was an employe of the Gollmar Bros.’ circus, lawfully riding in a sleeping car, which with oilier cars…
1Opinion of the CourtPurdy, District Judge
(after stating the facts as above). Tt must be conceded that the railroad company was under no common-law ob*528ligation to move the circus company’s train over its lines of road in the manner in which it was being transported at the time the plaintiff was injured. It must also be conceded that there is no principle of the common law which forbids the making of contracts of this character as against public policy. These propositions are settled by abundant authority. Coup v. Wabash, etc., Ry. Co., 56 Mich. 111, 22 N. W. 215, 56 Am. Rep. 374; Forepaugh v. Delaware, etc., Ry. Co., 128 Pa. 217, 18…
2Cases cited37 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
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3Cited by4 opinions
- Chicago & N. W. Ry. Co. v. DavenportCourt of Appeals for the Fifth Circuit · 1953
- Inland Container Corporation v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
- Sasinowski v. Boston & M. R. R.Court of Appeals for the First Circuit · 1935
- Roberts v. Chicago, R. I. & P. R.District Court, D. Minnesota · 1951