Clark v. Geer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. Arthur C. Geer, as administrator of William A. Geer, deceased, the defendant in error, sued the receivers of the Union Pacific Railway Company, hereafter termed the “U. P. Company,” and the Chicago, Rock Island & Pacific Railway Company, hereafter termed the “R. I. Company,” they being the respective plaintiffs in error, on account of the death of his intestate, who was killed in a railway…
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In Error to the Circuit Court of the United States for the District of Kansas. Arthur C. Geer, as administrator of William A. Geer, deceased, the defendant in error, sued the receivers of the Union Pacific Railway Company, hereafter termed the “U. P. Company,” and the Chicago, Rock Island & Pacific Railway Company, hereafter termed the “R. I. Company,” they being the respective plaintiffs in error, on account of the death of his intestate, who was killed in a railway collision which occurred on January 2, 1894, at Linwood, on the line of the U. P. Company, between Kansas City and Topeka, Kan.…
1Opinion of the CourtThayer, Circuit Judge
At the time of his death the deceased, who was a dealer in live stock, was traveling in the caboose of the freight train, in charge of two car loads of cattle which he intended to sell at Kansas City. He was a passenger on said train under the terms of a special contract, which contained, among others, the following provisions:
“In consideration of the special contract under which this ticket is issued it is hereby understood and agreed by the holder that: (1) This ticket is not issued to the holder hereof as a passenger, but is issued at his special instance and' request, in order to enable…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
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3Cited by4 opinions
- Northern Pac. Ry. Co. v. AdamsCourt of Appeals for the Ninth Circuit · 1902
- Denver & Rio Grande Railroad v. FredericSupreme Court of Colorado · 1914
- Magnolia Petroleum Co. v. City of Port ArthurCourt of Appeals of Texas · 1919
- Hamble v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1908