Chicago, B. & Q. R. v. Upton
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Lincoln Division of the District of Nebraska. Action by Morris H Upton against the Chicago, Burlington & Quincy Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WM. H. MUNGER, District Judge.
Morris H. Upton was an em-ployé of the Chicago, Burlington & Quincy Railroad Company, as head brakeman on a freight train upon defendant’s road. As such head brakeman, he was authorized to ride, when not actively engaged in his duties, in the cab of the engine. Ón the 18th day of November, 1909, while in the cab of an engine, drawing a train of freight cars upon which he was engaged as such head brakeman, the boiler of the engine exploded, causing injury to him, for which he brought this action.
Various acts of negligence on the part of the defendant and its…
2Cases cited7 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Ætna Indemnity Co. v. J. E. Crowe Coal & Mining Co.Court of Appeals for the Eighth Circuit · 1907
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- Carlson v. BentonNebraska Supreme Court · 1902
- City of Geneva v. BurnettNebraska Supreme Court · 1902
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3Cited by1 opinion
- Fries v. GoldsbyNebraska Supreme Court · 1956