Sullivan v. Union Pac. Railroad Co.
| Decision Date | 01 January 1880 |
| Citation | 2 F. 447 |
| Parties | SULLIVAN v. THE UNION PACIFIC RAILROAD COMPANY. |
| Court | U.S. District Court — District of Nebraska |
A. J. Poppleton, for defendant, on hearing on demurrer, claimed that there could be no recovery, there being no statute providing for such a case.
J. I. Redick, for plaintiff, argued that the action being grounded in contract no statute was necessary.
This is an action for damages by a father, who seeks to recover from the railroad company by reason of negligence in causing the death of a minor son. There is a demurrer to the petition.
The supreme court have decided in a recent case that there can be no such recovery in the absence of a statute.
The demurrer will be sustained.
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Major v. Burlington, Cedar Rapids & Northern Railway Co.
...of being overruled. Thus the well-reasoned opinion of Judge Dillon in Sullivan v. Railroad Co., supra, was overturned in 1 McCrary 301 (2 F. 447), following Mobile Life Ins. Co. Brame, 95 U.S. 754 (24 L.Ed. 580), wherein such liability was expressly denied. The right to maintain the action ......
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Shaw v. City of Charleston
... ... single exceptions of Sullivan v. Railroad Co., 3 Dill ... (U. S.) 334, Fed. Cas. No. 13,599, and ... state in the Union. 8 Am. & Eng. Ency. Law (2d Ed.) 854; 13 ... Cyc. 310. It cannot be ... ...
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Kowalsky v. Leonard
...L. 193, 33 A. 398; Callaghan v. Lake Hopatcong Ice Co. (N. J.) 54 A. 223; Sherman v. Johnson (Vt.) 2 A. 707; Sullivan v. Union Pac. R. Co . 2 F. 447. only doubt that such is the law of this state arises by reason of the case of Cross v. Guthrey, 2 Root 99. In that case a husband was suing f......
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