Santa Fe Pacific Railroad v. Holmes
Supreme Court of the United States
ERROR TO THE UNITED STATES OIROtJTT COURT OR APPEALS FOR THE NINTH CIRCUIT. Action brought in the Circuit Court of the United States for the Ninth Circuit, Southern District pf California, by defendant in error, j'or damages for injuries, received by him in a head-on collision of two trains, on one of which he was an, engineer.
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ERROR TO THE UNITED STATES OIROtJTT COURT OR APPEALS FOR THE NINTH CIRCUIT. Action brought in the Circuit Court of the United States for the Ninth Circuit, Southern District pf California, by defendant in error, j'or damages for injuries, received by him in a head-on collision of two trains, on one of which he was an, engineer. The answer alleged negligence upon the part of defendant In error, by disobeying the orders, rules and regulations of thi' company, anti also alleged that the collision was caused by the negligence of a fellow servant. The action was tried without a jury, and the…
1Opinion of the CourtJustice McKenna
The case here is in narrow compass both as to the facts and the law. It is apparent that none of the operators .of- train No. 4 v;as guilty of negligence. The second special order iiydicated Franconia as the. meeting point of the trains arid that train No. 4 should reach there before 5.17, the leaving time for train No. 3. This it could have accomplished notwithstanding the delay at Powell. It is equally apparent that train No. 3 was ahead of time and we may consider that its engineer was culpable. The question is yet presented whether the company is. not charged with liability. In this…
2Cited by20 opinions
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Beutler v. Grand Trunk Junction Railway Co.Supreme Court of the United States · 1912
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Cincinnati, N. O. & T. P. Ry. Co. v. HallCourt of Appeals for the Sixth Circuit · 1917
- Illinois Cent. R. v. HartCourt of Appeals for the Sixth Circuit · 1910
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