Legal Opinion
Ismay Mittlieder, Special Administratrix of the Estate of Elmer R. Ochsner, Deceased v. Chicago and Northwestern Railway Company, a Corporation
Court of Appeals for the Eighth Circuit
Decided April 16, 1971No. 20458_1PublishedCited by 5 opinions
1Opinion of the Court
VAN OOSTERHOUT, Circuit Judge.
This is an appeal by Mittlieder, Administratrix, from judgment based on a jury verdict dismissing her wrongful death action arising out of the death of her intestate, Elmer R. Ochsner, in a railroad crossing collision with defendant’s freight train. The trial giving rise to this appeal occurred following our reversal of a judgment of dismissal based on a jury verdict for the defendant in Mittlieder v. Chicago and Northwestern Railway Co., 8 Cir., 413 F.2d 77.
Our reversal was based on the ground that the trial court committed prejudicial error in submitting the…
2Cases cited11 opinions
- United States v. JohnsonSupreme Court of the United States · 1946
- United States v. Charles W. PopeCourt of Appeals for the Eighth Circuit · 1969
- Foley Ex Rel. Estate of Foley v. Bishop Clarkson Memorial HospitalNebraska Supreme Court · 1970
- Matthew J. Connelly and T. Lamar Caudle v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- United States v. Richard S. Righter, of the Estate of Edna Beaham Mersereau, DeceasedCourt of Appeals for the Eighth Circuit · 1968
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3Cited by5 opinions
- Bail Bonds by Marvin Nelson, Inc., a Corporation v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1987
- Continental Casualty Company and Employers Surplus Lines Insurance Company v. Canadian Universal Insurance Co.Court of Appeals for the Fifth Circuit · 1979
- Pace v. JordanCourt of Civil Appeals of Alabama · 1977
- United States v. Ronald A. MayersohnCourt of Appeals for the Second Circuit · 1971
- Chang v. City of AlbanyDistrict Court, N.D. New York · 1993