Legal Opinion

Union Pacific Railway Co. v. Callaghan

Supreme Court of the United States

Decided March 2, 1896No. 271PublishedCited by 2 opinions

ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by James Callaghan against the Union Pacific Railway Company, in the Circuit Court of the United States for the District of Colorado, to recover damages for injuries received by him through the alleged negligence of defendant.

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ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by James Callaghan against the Union Pacific Railway Company, in the Circuit Court of the United States for the District of Colorado, to recover damages for injuries received by him through the alleged negligence of defendant. The evidence tended to establish these facts : On August 18, 1890, a repair train operated by defendant, consisting of five flat cars, loaded with timber to be used in repairing bridges, three box cars, and a caboose, in running from Trinidad to Trinchera, went through…

1Opinion of the CourtChief Justice Fuller

the court.

We should not dismiss this writ of error on account of the defective character of the bond but allow a proper bond to be filed, if necessary, which in this instance it is not, as the motion to affirm must be sustained.

It is settled that an exception to the refusal of the trial court to instruct the jury to find for the defendant is waived if made by defendant without resting his case. The question goes to the sufficiency of the evidence, and that is, of course, of the entire evidence. Columbia & Puget Sound Railroad v. Hawthorne, 144 U. S. 202, 206. After defendant’s motion for an…

2Cases cited2 opinions

  1. Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
  2. Newport News & Mississippi Valley Co. v. PaceSupreme Court of the United States · 1895

3Cited by2 opinions

  1. Union Pac. Ry. Co. v. CallaghanSupreme Court of the United States · 1896
  2. Boston Ins. Co. v. FisherCourt of Appeals for the Eighth Circuit · 1951

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