Legal Opinion

Gila Valley, Globe & Northern Railway Co. v. Lyon

Supreme Court of the United States

Decided December 10, 1906No. 96PublishedCited by 47 opinions

ERROR TO THE SUPREME COÜRT OF THE TERRITORY OF ARIZONA. The defendant in error, who was plaintiff below, recovered a judgment against the railroad company, plaintiff in error, in a trial'court in Arizona Territory,' for the negligent killing of her son, which judgment was affirmed by the Supreme Court of the Territory, and the company brings the case here, The deceased was a brakeman and had been employed by the defendant ■ company as such for^a few weeks before the accident…

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ERROR TO THE SUPREME COÜRT OF THE TERRITORY OF ARIZONA. The defendant in error, who was plaintiff below, recovered a judgment against the railroad company, plaintiff in error, in a trial'court in Arizona Territory,' for the negligent killing of her son, which judgment was affirmed by the Supreme Court of the Territory, and the company brings the case here, The deceased was a brakeman and had been employed by the defendant ■ company as such for^a few weeks before the accident occurred in which he lost his life. He acted as one of the’ brakemen upon the freight train, which was pushed up on a…

1Opinion of the Court

Mr. Justice Peckham,

after making the foregoing statement,- delivered the opinion of the court.

• The- first ^question presented by the plaintiff in error is founded upon an exception to the refusal of the court to instruct the jury to ,render a verdict for the plaintiff in error, on the ground that there was no evidence that the railroad company was guilty of negligence by failing to provide a reasonably safe place for the servants of the company to work in; that the cause of the accident was the gross negligence of the conductor in ordering the cars to be detached from the train and engine,…

2Cases cited3 opinions

  1. Spring Co. v. EdgarSupreme Court of the United States · 1879
  2. Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
  3. Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892

3Cited by47 opinions

  1. Troutman v. United StatesCourt of Appeals for the Tenth Circuit · 1938
  2. Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
  3. United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
  4. United States v. 25.406 ACRES OF LAND, ETC.Court of Appeals for the Fourth Circuit · 1949
  5. Morton Butler Timber Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1937

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