Texas and Pacific Railway Co. v. Reeder
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. ■ This was an action originally instituted by Alexander Reeder against the. Texas and Pacific Railway Company in the District Court of 'Marion County,- -Texas, to recover for personal injuries sustained by Reeder. The action was after-wards removed upon petition of the defendant to the United-States Circuit Court for the Eastern District of Texas.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. ■ This was an action originally instituted by Alexander Reeder against the. Texas and Pacific Railway Company in the District Court of 'Marion County,- -Texas, to recover for personal injuries sustained by Reeder. The action was after-wards removed upon petition of the defendant to the United-States Circuit Court for the Eastern District of Texas. The facts of the case were substantially as follows : Reeder shipped from Scqttsville, Kansas, to Houston, Texas., a car loaded with an emigrant outfit, consisting of ten head of five…
1Opinion of the CourtJustice Brown
The several assignments of error in this case all resolve themselves into the two questions whether the defendant railway company was entitled to a peremptory instruction in its favor, or, in case of a refusal of such instruction, whether it was entitled to submit to the jury the question of the contributory negligence of the plaintiff in the mere fact of riding in the stock car.
In this connection defendant relies upon the ninth clause of the contract under which plaintiff was travelling and transporting his stock, which provided that “ the person or persons in charge of live stock covered by…
2Cited by3 opinions
- Hardware Mutual Casualty Co. v. CarltonSupreme Court of Florida · 1942
- Whitney v. New York, N. H. & H. R.Court of Appeals for the First Circuit · 1900
- Losey v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1911