Illinois Cent. R. v. Foley
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court of the United States for the Northern District of Iowa. Statement by CALDWELL, Circuit Judge: This is an action brought by M. J. Foley and Nora M. Kelley, administrators of the estate of M. B. Kelley, against the Hlhiois Central Railroad Company, to recover damages for the death of the intestate, M. B. Kelley, which it is alleged was brought about by the negligence of the railroad company.
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In Error to tlie Circuit Court of the United States for the Northern District of Iowa. Statement by CALDWELL, Circuit Judge: This is an action brought by M. J. Foley and Nora M. Kelley, administrators of the estate of M. B. Kelley, against the Hlhiois Central Railroad Company, to recover damages for the death of the intestate, M. B. Kelley, which it is alleged was brought about by the negligence of the railroad company. On March 18, 1890, M. B. Kelley, the owner, delivered at Manson station, hi Iowa,, to the Illinois Central Railroad Company, for transportation over its road to Chicago, eight…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts.) It is assigned for error that the court refused, at the close of the whole evidence, to give a peremptory instruction to the jury to find a verdict for the defendant. The case should not have been withdrawn from the jury unless the conclusion followed, as matter of law, that no recovery could be had, upon any view which could be properly taken of; the facts the evidence tended to establish. Railway Co. v. Cox, 145 U. S. 593, 606, 12 Sup. Ct Rep. 905. We think the evidence tended to establish that the bridge was a part of the station grounds,…
2Cases cited4 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Jones v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1888
3Cited by13 opinions
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Missouri, K. & T. Ry. Co. v. ShepherdSupreme Court of Oklahoma · 1908
- Chicago, R. I. & P. Ry. Co. v. SharpCourt of Appeals for the Eighth Circuit · 1894
- Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
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