Perkins v. Northern Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action by Nellie Perkins against the Northern Pacific Railway Company. From a judgment for defendant non obstante veredicto (193 Fed. 219), plaintiff brings error.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action by Nellie Perkins against the Northern Pacific Railway Company. From a judgment for defendant non obstante veredicto (193 Fed. 219), plaintiff brings error. This was an action brought by the surviving widow and sole heir of H. C. Perkins, deceased, for the recovery of damages sustained by the alleged negligent killing of her husband by the defendant in error, defendant also in the court below. The complaint upon which the case was tried alleged, among other things, that H.…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). The record shows that upon the conclusion of the evidence for the plaintiff the defendant moved the court to take the case from the jury and dismiss it. In denying that motion the court said:
“1 think there is testimony in this case tending to show the deceased met his death by coining in contact with the upright of that bridge. There is also testimony to show that the company was guilty of negligence in constructing and maintaining that upright so near to passing trains. I do not believe the doctrine of a presumption upon a presumption or speculation has…
2Cases cited14 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chicago, St. P., M. & O. Ry. Co. v. KulpCourt of Appeals for the Eighth Circuit · 1939
- Fogarty v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Kulp v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1937
- Bonzik v. Delaware & Hudson R.District Court, M.D. Pennsylvania · 1938
- Federal Mining & Smelting Co. v. AndersonCourt of Appeals for the Ninth Circuit · 1918