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ELLIOTT v. CHICAGO, MILWAUKEE &C. RAILWAY

No. 71.

150 U.S. 245 (1893)

14 S.Ct. 85

37 L.Ed. 1068

ELLIOTT, v. CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY.

Supreme Court of United States.

Decided November 20, 1893.

Attorney(s) appearing for the Case

Mr. Melvin Grigsby for plaintiff in error.

Mr. Heman H. Field, (with whom were Mr. John W. Cary and Mr. Robert B. Tripp on the brief,) for defendant in error.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The question in this case is as to the liability of the company for the death of John Elliott. The company made three defences. One, that it was guilty of no negligence; second, that if there were any negligence, it was that of a fellow-servant; and, third, that Elliott was guilty of contributory negligence. The Supreme Court of the Territory, in its opinion filed when the case was first...

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