Purple v. Union Pac. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. On the 9th of January, 1900, Cassandra Purple, who is the widow of Harry G. Purple, brought an action against the Union Pacific Railroad Company for negligence causing his death.
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In Error to the Circuit Court of the United States for the District of Kansas. On the 9th of January, 1900, Cassandra Purple, who is the widow of Harry G. Purple, brought an action against the Union Pacific Railroad Company for negligence causing his death. She alleged that on October 16, 1899, between Laramie and Cheyenne, in the state of Wyoming, he was a passenger upon a train of the railroad company, and was killed through the negligence of the latter by another train which ran into the rear of that upon which Purple was riding. The railroad company denied these allegations, and averred…
1Opinion of the CourtSanborn, Circuit Judge
The court refused to instruct the jury that the deceased was a passenger on the freight train of the defendant at the time he was injured, and that if he was killed by the negligence of the company the plaintiff was entitled to recover. This ruling is the first and the chief complaint of counsel for the plaintiff in error. There are, however, two reasons why this specification of error cannot be sustained.
In the first place, Purple had no pass, ticket, or permit to ride free upon this train, he paid no fare, and there was evidence tending tc prove that he did not intend to pay fare, and that…
2Cases cited32 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
27 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kelly v. MalottCourt of Appeals for the Seventh Circuit · 1905
- Hewlett v. SchadelCourt of Appeals for the Fourth Circuit · 1934
- Dysart v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- Toledo, St. L. & W. R. Co. v. GordonCourt of Appeals for the Seventh Circuit · 1906
- Morris v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1908
15 more not listed; retrieve them via the Exa API.