Chicago, M. & St. P. Ry. Co. v. Voelker
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action to recover damages for the death of Emil Voelker, occurring while he was engaged in coupling cars at Dubuque, Iowa, in the service of the railway company.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action to recover damages for the death of Emil Voelker, occurring while he was engaged in coupling cars at Dubuque, Iowa, in the service of the railway company. After describing defendant company as a Wisconsin corporation “engaged in operating a line of railway through the state of Iowa,” and having upon one of its yard .tracks at Dubuque “a loaded car, which was to form a part of a train then being made up * * * for early movement,” and after describing Voelker as a car coupler and field-man…
1Opinion of the CourtVan Devanter, Circuit Judge
It is entirely clear that the trial proceeded upon the theory that plaintiff’s petition charged two acts of negligence on the part of the railway company as proximate causes of Voelker’s death: First, permitting the coupler upon the coal car to become inoperative and defective; and, second, kicking or sending other cars against the cars between which Voelker was engaged without a signal from him, and contrary to a general and established practice. Each party, without objection from the other, introduced evidence bearing directly upon each charge of negligence, and not otherwise relevant to…
2Cases cited8 opinions
- United States v. LacherSupreme Court of the United States · 1890
- Stephens v. Cherokee NationSupreme Court of the United States · 1899
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- United States v. Oregon & California RailroadSupreme Court of the United States · 1896
- Roberts v. GrahamSupreme Court of the United States · 1868
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- CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
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