Union Pacific Railway Co. v. O'Brien
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by Nora O’Brien against the Union Pacific Bailway Company, in the Circuit Court for the District of Colorado, to recover damages for the death of her husband, John O’Brien, who was in the employment of the defendant as a locomotive engineer, running on the South Park division of the company’s line, and was killed by the derailment of his engine.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This was an action brought by Nora O’Brien against the Union Pacific Bailway Company, in the Circuit Court for the District of Colorado, to recover damages for the death of her husband, John O’Brien, who was in the employment of the defendant as a locomotive engineer, running on the South Park division of the company’s line, and was killed by the derailment of his engine. The evidence tended to show that at the time of' his death O’Brien, who had been an engineer upon the road for seven or eight years, was bringing a freight train…
1Opinion of the CourtChief Justice Fuller
The Circuit Court of Appeals held that as to the first question which the Circuit Court declined to allow to be put to Hall the answer would have been purely an inference based upon facts previously proven, and an inference which it was for the jury to draw from those facts, and therefore that it was properly excluded; that as to the second question addressed to that witness and excluded, namely, whether the cut was not constructed as cuts were ordinarily constructed on roads running through such places, the court did not err in its exclusion, because railway cuts are not made upon any…
2Cases cited6 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
78 more not listed; retrieve them via the Exa API.