Bryant v. Chicago, St. P., M. & O. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court of the United States for the District of Minnesota. Action by Forrest E. Bryant, administrator of the estate of James Davidson, deceased, against the Chicago, St. Paul, Minneapolis & Omaha Railway Company, to recover damages for alleged negligence causing the death of said Davidson. A verdict was directed for defendant, and, from the judgment entered thereon, plaintiff brings error.
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In Error to tlie Circuit Court of the United States for the District of Minnesota. Action by Forrest E. Bryant, administrator of the estate of James Davidson, deceased, against the Chicago, St. Paul, Minneapolis & Omaha Railway Company, to recover damages for alleged negligence causing the death of said Davidson. A verdict was directed for defendant, and, from the judgment entered thereon, plaintiff brings error. Statement by Sanborn, Circuit Judge: The plaintiff in error brought an notion for damages for the negligence! of die defendant in error, causing the death of James Davidson. The…
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating the facts.) If the defendant undertook to carry the deceased without the payment of fare, it was bound to the exercise of due care in performing the obligation it voluntarily assumed. Railway Co. v. Derby, 14 How. 468; The New World v. King, 16 How. 469; Waterbury v. Railroad Co., 17 Fed. Rep. 671, 673.
Whatever the rule may be when one is riding for his own convenience on a freight train, an engine, a hand car, or any other carriage of a common carrier that is evidently not designed for the transportation of passengers, (Powers v. Railroad Co., 153 Mass.…
2Cases cited8 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Powers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Lovejoy v. SkeenWest Virginia Supreme Court · 1953
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
- Wabash R. Co. v. De TarCourt of Appeals for the Eighth Circuit · 1905
- Chicago, St. P., M. & O. Ry. Co. v. BryantCourt of Appeals for the Eighth Circuit · 1895
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
3 more not listed; retrieve them via the Exa API.