Chicago, St. P., M. & O. Ry. Co. v. Kroloff
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge. Action by Maurice Kroloff, administrator of the estate of Joseph Brotsky, deceased, against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
A judgment for $6,000 for alleged, negligence causing death is assailed here. The railroad company, the-defendant below, complains that the trial court did not withdraw from the jury the charges of the defendant’s negligence and that it did not instruct the jury that the evidence conclusively proved that ■Joseph Brotsky contributed to his own injury. These facts were admitted or conclusively proved: Brotsky was killed by his collision *527with a switch engine of the defendant, which v/as backing north on the defendant’s north-hound main track in its yards at Sioux City at…
2Cases cited15 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Wilmington Star Mining Co. v. FultonSupreme Court of the United States · 1907
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
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3Cited by12 opinions
- Roth v. SwansonCourt of Appeals for the Eighth Circuit · 1944
- Stephenson v. Grand Trunk Western R. Co.Court of Appeals for the Seventh Circuit · 1940
- Gold v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- Erie R. v. GallagherCourt of Appeals for the Second Circuit · 1918
- Marshall v. HinesCourt of Appeals for the Eighth Circuit · 1921
7 more not listed; retrieve them via the Exa API.