Legal Opinion

Missouri, K. & T. Ry. Co. v. Foreman

Court of Appeals for the Eighth Circuit

Decided November 5, 1909No. 2,904PublishedCited by 16 opinions

In Error to the Circuit Court of the United States for the Eastern District of Oklahoma. Action by Mary K. Foreman and Mary E. Foreman against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

POLLOCK, District Judge.

This action was brought to recover damages for a death alleged to have occurred by reason of the negligent, wrongful acts of the railway company. The facts are:

Deceased was a freight conductor in the employ of defendant, engaged in running a freight train south on defendant’s line of road from Parsons, Kan., to Muskogee, Okl. On the 5th day of August, 1903, when the train, composed of 12 to 15 ballast cars, had passed Russell Creek station', and when about seven telegraph poleá north of milepost No. 419 on defendant’s line of road, the drawhead in the car next to^ the…

2Cases cited16 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Stokes v. SaltonstallSupreme Court of the United States · 1839
  3. United States v. RossSupreme Court of the United States · 1876
  4. Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
  5. Looney v. Metropolitan RailroadSupreme Court of the United States · 1906

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
  2. Shawnee Gas & Electric Co. v. MotesenbockerSupreme Court of Oklahoma · 1913
  3. Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
  4. Wagner v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  5. General Reinsurance Corp. v. Southern Surety Co. of Des MoinesCourt of Appeals for the Eighth Circuit · 1928

11 more not listed; retrieve them via the Exa API.

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