Missouri Pac. Ry. Co. v. Larussi
Case Details
- Judge(s)
- Baker, Grosscup, Seaman
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court affirmed the jury verdict in favor of the plaintiff against the railroad company defendants in a conspiracy action. The court rejected multiple assignments of error regarding jury instructions, admission of evidence, and denial of directed verdict motion.
Excerpt
<p>In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois.</p> <p>The defendant in error, as administrator of the estate of Minanzio Arquilli. deceased, recovered judgment in suit against Missouri Pacific Railway Company, plaintiff in error, for damages for alleged negligence in causing the death of the intestate, and this writ of error is brought by the railway company to reverse such judgment. The injury and death occurred April 20, 190:5, in Kansas, where the right of action, when death is so caused, was conferred by statute (paragraph 4518, Gen, St. Kan.; Taylor’s 3889 Ed., c. 80, § 422), In conformity with the provisions of the so-called “Lord Campbell’s Act”; and the suit was commenced in the United States Circuit Court for the. Northern District of Illinois, upon averments of the citizenship therein of the defendant in error and his appointment by the probate court of Cook county. 111., having jurisdiction thereof, as administrator of the estate of the deceased, and that the plaintiff in error was a Missouri corporation and citizen. The intestate, Arquilli, came to Chicago from Italy, about six years prior to his death, with his elder son, leaving his wife and four children in Italy, and making frequent remittances from Chicago, out of his earnings as a laborer, for support of his family. At the time of his death Arquilli was employed by the plaintiff in error as a laborer on trackwork In Kansas, and it is stipulated of record that he “was working, boarding, and lodging in Wilson county,” where “some of his wearing apparel and ornaments of the person and earned and unpaid wages, not over $50, were kept, all of which were taken possession of by W. II. Lake, administrator appointed by the county court of Wilson county, Kansas.” The deceased, with about 40 other laborers, was in a caboose on a work train which was carrying them, as arranged by the railway company from- their place of work, at the close of
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