Legal Opinion

Northern Pacific Railroad v. Poirier

Supreme Court of the United States

Decided May 10, 1897No. 295PublishedCited by 14 opinions

ERROR TO THE COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action originally brought in a court of the State of Washington, and which was removed into the Circuit Court of the United States for the District of Washington.

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ERROR TO THE COURT OF APPEALS FOR THE NINTH CIRCUIT. This was an action originally brought in a court of the State of Washington, and which was removed into the Circuit Court of the United States for the District of Washington. The plaintiff in his complaint alleged that, on the 7th day of December, 1892, while in the employ of the Northern Pacific Railroad Company as a brakeman, he received personal injuries of a severe character occasioned by the negligence of the defendant company. The plaintiff recovered a verdict in the sum of $21,600, which was reduced; upon the election of the…

1Opinion of the CourtJustice Shiras

At the close of the evidence the plaintiff moved the court to give the. following instruction :

“ In this case there is no evidence that the defendant, the Northern Pacific Railroad Company, was guilty of any negligence which caused the accident by which plaintiff was injured, or which contributed thereto, and.that-if there was any negligence it was that of the engineer and conductor, or one of them, of the second train, and such conductor and engineer being fellow-servants of the plaintiff, there would be no liability therefor on the part of the railroad company, and therefore you will return…

2Cited by14 opinions

  1. New England Railroad v. ConroySupreme Court of the United States · 1899
  2. American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
  3. Fed. Sec. L. Rep. P 97,326 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1980
  4. Rosney v. Erie R. Co.Court of Appeals for the Second Circuit · 1905
  5. Weeks v. ScharerCourt of Appeals for the Eighth Circuit · 1901

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