Chicago & N. W. Ry. Co. v. De Clow
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. On September 15, 1899, the plaintiff below, W. L. De Clow, was riding as a passenger in the caboose of a freight train of the Chicago & Northwestern Railway Company, which was transporting some horses for him. when the train was so suddenly stopped that he was thrown against the corner of the conductor’s desk, and his right kidney was so seriously injured that he continued to suffer.from…
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In Error to the Circuit Court of the United States for the Northern District of Iowa. On September 15, 1899, the plaintiff below, W. L. De Clow, was riding as a passenger in the caboose of a freight train of the Chicago & Northwestern Railway Company, which was transporting some horses for him. when the train was so suddenly stopped that he was thrown against the corner of the conductor’s desk, and his right kidney was so seriously injured that he continued to suffer.from the accident until the trial of the action, more than two years later. His condition was not then improving. He sued the…
1Opinion of the CourtSanborn, Circuit Judge
The liability for future damages for the wrongful infliction of a personal injury is strictly limited to compensation for such suffering and other evil effects of the act as are reasonably certain to result from it. Possible, even probable, future damages are too remote and speculative to form the basis of legal injury. If they may or subsequently do result from the accident they are but a part of that damnum absque injuria which reaches too far into the realm of conjecture to form any part of the basis of an action at law. Filer v. N. Y. Central R. R. Co., 49 N. Y. 42, 45; Curtis v. R. & S.…
2Cases cited9 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Barnosky Oils, Inc. v. Union Oil Company of CaliforniaCourt of Appeals for the Sixth Circuit · 1981
- Marx v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- State v. MathesonSupreme Court of Iowa · 1905
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
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