Elliot v. Chicago, M. & St. P. Ry. Co.
Supreme Court Of The Territory Of Dakota
Appeal from a judgment of the district court of the Fourth district, in and for the county of Clay, entered in favor of the plaintiff, upon a verdict. The action was brought to recover damages for the death of John Elliot, plaintiff’s husband,' alleged to have been caused by defendant’s negligence.
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Appeal from a judgment of the district court of the Fourth district, in and for the county of Clay, entered in favor of the plaintiff, upon a verdict. The action was brought to recover damages for the death of John Elliot, plaintiff’s husband,' alleged to have been caused by defendant’s negligence. The deceased at the time of his death was in the employ of the defendant as a section foreman, and the injuries from the effect of which he died were occasioned by the negligence of other of defendant’s employes in running a freight train, and while making a flying switch. The facts and…
1Opinion of the Court
Spencer, J.,
(after stating the facts as above.) This action was brought by the plaintiff to recover damages for the death of her husband, John Elliot, alleged to have been caused by the negligence of the defendant’s employes. The deceased, at the time he received the injuries which resulted in his death, was in the employment of the defendant on its line of railway as a section foreman at a station called Meckling. On November 1, 1884, a freight train was approaching this station from the west, in charge of a conductor, assisted by an engineer, fireman, and others, and as it neared this…
2Cases cited31 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Railroad Co. v. JonesSupreme Court of the United States · 1877
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Glatt v. FeistNorth Dakota Supreme Court · 1968
6 more not listed; retrieve them via the Exa API.