Trumbull v. Erickson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment recovered by John Erickson, the defendant in error, and plaintiff below, against Frank Trumbull, as receiver of the Onion Pacific, Denver & Gulf Railway Company, the plaintiff in error, and defendant below. The plaintiff was a passenger on one of the defendant’s trains from Denver to Ft. Colling.
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In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment recovered by John Erickson, the defendant in error, and plaintiff below, against Frank Trumbull, as receiver of the Onion Pacific, Denver & Gulf Railway Company, the plaintiff in error, and defendant below. The plaintiff was a passenger on one of the defendant’s trains from Denver to Ft. Colling. It was at the close of the “Festival of Mountain and Plain,” and all outgoing trains were very much crowded. The defendant had full knowledge of the large number of…
1Opinion of the CourtCaldwell, Circuit Judge
It is alleged that the court erred in refusing to give the jury this instruction:
“You are instructed that if you believe from the evidence that the plaintiff, on leaving Denver, had a seat in one of the coaches, but of his own accord gave it up to some one else, and went upon the platform of the car, either in search of another seat, or for the purpose of riding there, he cannot complain in this action that the defendant did not furnish seats for all of the passengers. The defendant, under these circumstances, must be held to have performed his whole duty to this plaintiff, and is not…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Smith v. CondrySupreme Court of the United States · 1843
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
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3Cited by17 opinions
- City & County of Denver v. QuickSupreme Court of Colorado · 1941
- Coakley v. AjuriaCalifornia Supreme Court · 1930
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Cooper v. National Railroad Passenger Corp.California Court of Appeal · 1975
- Maryland Casualty Co. v. Cook-O'Brien Const. Co.Court of Appeals for the Eighth Circuit · 1934
12 more not listed; retrieve them via the Exa API.