Mobile & O. R. v. Coerver
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. The plaintiff in error was the defendant below in an action of trespass o.n the case brought by Killian Coerver, as administrator, to recover damages for the death of John Coerver, his intestate, alleged to have been caused by the negligence of such defendant in the operation of its train over a street crossing in the city of Waterloo.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. The plaintiff in error was the defendant below in an action of trespass o.n the case brought by Killian Coerver, as administrator, to recover damages for the death of John Coerver, his intestate, alleged to have been caused by the negligence of such defendant in the operation of its train over a street crossing in the city of Waterloo. The trial resulted in a verdict against the defendant and from judgment thereupon this writ of error is prosecuted. The railroad tracks upon which John Coerver was killed…
1Opinion of the Court
SEAMAN, District Judge,
after the foregoing statement, delivered'the opinion of the court.
The assignment of errors upon this record presents the question whether the yerdict is supported by testimony upon the primary .issue of negligence on the part of the defendant in the operation of its train, but our conclusion that either or both of the grounds mentioned below are well, assigned will render it unnecessary to consider the evidence as a whole upon that serious question. The assignments referred to are: (i) Error in the instruction of negligence ."per. se, if the’ brakeman was not “stationed…
2Cases cited6 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- McCann v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Gulf, C. & S. F. Ry. Co. v. NailSupreme Court of Oklahoma · 1932