Byrne v. Kansas City, Ft. S. & M. R.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. This was a writ of error from the circuit court of the United States for the western district of Tennessee, sued out hy the plaintiff below, Francis J. Byrne, administrator of George Nason, deceased. The action was brought for the wrongful death of the plaintiff’s intestate against the Kansas City, Ft.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. This was a writ of error from the circuit court of the United States for the western district of Tennessee, sued out hy the plaintiff below, Francis J. Byrne, administrator of George Nason, deceased. The action was brought for the wrongful death of the plaintiff’s intestate against the Kansas City, Ft. Scott & Memphis Kailroad Company and the Kansas City & Memphis Railway & Bridge Company. 55 Fed. 44. The amended declaration averred that plaintiff’s intestate was run over and killed hy a train of the…
1Opinion of the CourtTaft, Circuit Judge
The first question for our consideration is whether the contract by which the Kansas City Company rented its engine to the bridge company relieves it of responsibility for negligence in the operation of the engine while in. the service of the bridge company. It appears from the statement of Kettleton, who was both the superintendent of the bridge company and of the terminals of the Kansas City Railroad Company at Memphis, that the bridge company rented the engine from the railway company at $10 a day, and also paid the railway company the expense of the fuel and supplies used in the running…
2Cases cited18 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Patton v. Railway Co.Tennessee Supreme Court · 1890
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3Cited by75 opinions
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Graham v. ClevelandCourt of Appeals of Georgia · 1938
- Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907
70 more not listed; retrieve them via the Exa API.