Torts · MBE-tested
ST. LOUIS & S. F. RY. CO. et al. v. BENNETT
69 F. 530·United States Court of Appeals for the Eighth Circuit·1895
Before CALDWELL, SANBOBN, and THAYEB, Circuit Judges.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
ST. LOUIS & S. F. RY. CO. et al. v. BENNETT.
(Circuit Court of Appeals, Eighth Circuit.
September 2, 1895.)
No. 582.
Railroad Companies—Liability for Negligence—Injuries to Persons on Track.
In Error to the Circuit Court of the United States for the Western District of Arkansas.
B. B. Davidson (Edward D. Kenna, on the brief), for plaintiffs in error.
Oscar L, Miles, for defendant in error.
Before CALDWELL, SANBOBN, and THAYEB, Circuit Judges.
[MAJORITY — SANBOBN, Circuit Judge.]
SANBOBN, Circuit Judge.
This was an action by the administratrix of the estate of W. W. Bennett, the defendant in error, to recover damages from the St. Louis & San Francisco Bailway Company and its receivers, the plaintiffs in error, for injuries to the deceased which she alleged were caused by the negligence of the company. There was a verdict and judgment for the defendant in error. This case arose from'the same state of facts, and was tried upon the same theory of the law, as the case of Railway Co. v. Bennett (just decided by this court) 69 Fed. 525. For the reasons stated in the opinion in that case the judgment below must be reversed, and the case remanded, with directions to grant a new trial, and it is so ordered.