Atchison, T. & S. F. Ry. Co. v. Hamble
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the Southern District of California. Action by Mark B. Hamble against the Atchison, Topeka & Santa Fé Railway Company. Judgment for .plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Southern Division of the Southern District of California. Action by Mark B. Hamble against the Atchison, Topeka & Santa Fé Railway Company. Judgment for .plaintiff, and defendant brings error. This was an action brought by the defendant in error, hereafter designated as the “plaintiff,” to recover damages from the plaintiff in error, hereafter designated as “defendant,” for personal injuries resulting from the defendant's alleged negligence. That part of the Southern Pacific line of railway in Southern California between Mojave and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). We find nothing in the testimony on the second trial of this case calling for any change or modification of the opinion of this court upon the former writ of error. Nor do we find that the evidence calls for the application of any other or different rule of liability than there announced. Hamble v. Atchison, T. & S. F. Ry. Co., 164 Fed. 410, 92 C. C. A. 147, 22 L. R. A. (N. S.) 323. The fact that the Southern Pacific Company under the joint-track agreement retained full control of the movement of trains over the joint track, that the employés of the…
2Cases cited1 opinion
- Hamble v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Ninth Circuit · 1908
3Cited by3 opinions
- Weaver v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Baltimore & O. R. v. WoodCourt of Appeals for the Third Circuit · 1916
- Ellicott Machine Corp. v. Vogt Bros. Mfg.District Court, W.D. Kentucky · 1920