Legal Opinion

Northern Pacific Railway Company v. Adams

Supreme Court of the United States

Decided February 23, 1904No. 413PublishedCited by 72 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. A statute of Idaho reads as follows :• “When the death of a person, not being a minor, is caused. by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such'person be employed by another person who is responsible for his conduct, then also against such other person.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. A statute of Idaho reads as follows :• “When the death of a person, not being a minor, is caused. by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such'person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case may be just.” Revised Statutes' of…

1Opinion of the CourtJustice Brewer

As the negligence of the company, found by the jury to have caused the death, as well as the resulting death took place in Idaho, the plaintiffs’ right of action rests on the statute of that State. What is the scope and meaning of that statute? The Circuit Court charged the jury:

“You are not to consider what was the duty of this carrier toward Mr. Adams who was killed, but the duty which the defendant owed to these plaintiffs; and the duty which they have the right to exact from the defendant in this case is the same duty which the defendant company owed to the public in general.”

In other…

2Cases cited7 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  3. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  4. The Steamboat New World v. KingSupreme Court of the United States · 1854
  5. Railway Co. v. StevensSupreme Court of the United States · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
  2. Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
  3. Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
  4. Donnelly v. Southern Pacific Co.California Supreme Court · 1941
  5. Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923

67 more not listed; retrieve them via the Exa API.

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