Union Pac. R. Co. v. Field
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. • While the plaintiff, James E. Field, was riding in a caboose attached to a freight train of the Union Pacific Eailroad Company at about 3 o’clock in the morning on the 7th day of May, 1902, another train of that company ran into the caboose and injured him. He brought an action against the company for alleged negligence, which he averred resulted in his injury.
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In Error to the Circuit Court of the United States for the District of Kansas. • While the plaintiff, James E. Field, was riding in a caboose attached to a freight train of the Union Pacific Eailroad Company at about 3 o’clock in the morning on the 7th day of May, 1902, another train of that company ran into the caboose and injured him. He brought an action against the company for alleged negligence, which he averred resulted in his injury. One of the witnesses for the company was a man named Morgan. In his address to the jury the counsel foi; the plaintiff said: “Mr. Morgan, who was upon the…
1Opinion of the CourtSanborn, Circuit Judge
Under our system of jurisprudence it is the province of the jury in actions at law to try and determine the rights of parties according to the law and the evidence. It is the duty of the court and of its officers, the counsel of the parties, to prevent the jury from the consideration of extraneous issues, of irrelevant evidence, and of erroneous views of the law, to guard it against the influence of passion and prejudice, and to assure to the litigants a fair and impartial trial. An omission by court or counsel to discharge this duty, or a persistent violation of it, is a fatal error, because…
2Cases cited29 opinions
- Graves v. United StatesSupreme Court of the United States · 1893
- Wilson v. United StatesSupreme Court of the United States · 1893
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Mitchum v. StateSupreme Court of Georgia · 1852
- Brown v. SwinefordWisconsin Supreme Court · 1878
24 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- Faught Ex Rel. Faught v. WashamSupreme Court of Missouri · 1959
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Georgia Power Co. v. PuckettSupreme Court of Georgia · 1935
39 more not listed; retrieve them via the Exa API.