Chicago, St. P., M. & O. Ry. Co. v. Nelson
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United 'States for the District of Minnesota; Page Morris, Judge. Action by Ingrid Nelson, as administratrix of Neis A. Nelson, deceased, against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. There was a judgment for plaintiff, and defendant brings error. For convenience the parties will be referred to as they appeared in the court below, the defendant in error as the plaintiff, and the plaintiff in error as the defendant.
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In Error to the District Court of the United 'States for the District of Minnesota; Page Morris, Judge. Action by Ingrid Nelson, as administratrix of Neis A. Nelson, deceased, against the Chicago, St. Paul, Minneapolis & Omaha Railway Company. There was a judgment for plaintiff, and defendant brings error. For convenience the parties will be referred to as they appeared in the court below, the defendant in error as the plaintiff, and the plaintiff in error as the defendant. The facts material to a determination of the issues involved herein, as set out in the complaint, are that plaintiff’s…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] Did the court err in refusing to direct a verdict in favor of the defendant? The general rule is that questions of negligence do not become questions of law, which justify the direction of a verdict, except where all reasonable men must draw the same conclusions from the evidence. Kreigh v. Westinghouse, Church, Kerr & Co., 214 U. S. 249, 258, 29 Sup. Ct. 619, 53 L. Ed. 984; Delk v. St. L. & S. F. Ry. Co., 220 U. S. 580, 31 Sup. Ct. 617, 55 L. Ed. 590; Hart v. Northern Pacific R. Co., 196 Fed. 180, 116 C. C. A. 12.
[2] In our opinión the plaintiff was…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Hart v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1912
- Parker v. CushmanCourt of Appeals for the Eighth Circuit · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952
- Jones v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1938
- Schulenberg v. NortonCourt of Appeals for the Eighth Circuit · 1931
- Holley v. JoseySupreme Court of Alabama · 1955
6 more not listed; retrieve them via the Exa API.