Legal Opinion

Baldwin v. Chicago, R. I. & P. Ry. Co.

Court of Appeals for the Eighth Circuit

Decided November 21, 1911No. 3,416Published

In Error to the Circuit Court of the United States for the District of Nebraska. Action by Jane Baldwin, administratrix of the estate of Henry Baldwin, deceased, against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

HOOK, Circuit Judge.

The administratrix sued the railway company for negligently cáusing the death of Henry Baldwin, her husband. A judgment in her favor was reversed by this court upon the ground that the evidence showed the deceased was guilty of contributory negligence, and the case was remanded for a new trial. 90 C. C. A. 630, 164 Fed. 826. Upon the conclusion of the evidence at the second trial, the trial court directed a verdict for the company for the same reason as that which prevailed here before. The administratrix then prosecuted this writ of error. The only question presented for…

2Cases cited3 opinions

  1. Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
  2. Chicago, R. I. & P. Ry. Co. v. BaldwinCourt of Appeals for the Eighth Circuit · 1908
  3. Great Northern Ry. Co. v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1909

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