Marande v. Texas & P. Ry. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This action has been twice tried. At the first trial the Circuit Court directed a verdict in favor of the defendant. The judgment entered on the verdict was affirmed by this court. 102 Fed. 246, 42 C. C. A. 317. The plaintiffs thereupon sued out a writ of error and the Supreme Court reversed the judgments below and granted a new trial. 184 U. S. 173, 22 Sup.
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In Error to the Circuit Court of the United States for the Southern District of New York. This action has been twice tried. At the first trial the Circuit Court directed a verdict in favor of the defendant. The judgment entered on the verdict was affirmed by this court. 102 Fed. 246, 42 C. C. A. 317. The plaintiffs thereupon sued out a writ of error and the Supreme Court reversed the judgments below and granted a new trial. 184 U. S. 173, 22 Sup. Ct. 340, 46 L. Ed. 487. The second trial resulted in a verdict for the defendant. The plaintiffs ask for a reversal of the judgment upon various…
1Opinion of the Court
COXE, Circuit Judge.
This action is to recover for the loss of cotton destroyed by fire while in the custody of the defendant. During the impaneling of the jury the counsel for the defendant asked the jurors whether, if it should appear that the real party in interest was an insurance company, that fact would influence their judgments. One of the jurors answered in the affirmative. A discussion thereupon arose as to the probability of the question of insurance arising upon the trial. That the question was likely to arise was stoutly asserted by the counsel for the defendant and as stoutly…
2Cases cited5 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Southern Pac. Co. v. RauhCourt of Appeals for the Ninth Circuit · 1892
3Cited by13 opinions
- Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934
- United States v. PuffCourt of Appeals for the Second Circuit · 1954
- Shettel v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- United States v. Joseph P. RyanCourt of Appeals for the Second Circuit · 1956
- Casey v. Seas Shipping Co., IncCourt of Appeals for the Second Circuit · 1949
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