Evans v. Lehigh Coal & Navigation Co.
District Court, E.D. Pennsylvania
At Law. Action by Jacob Evans and another against the Lehigh Coal & Navigation Company. On motion to dismiss for want of jurisdiction, after mistrial and motion for entry of judgment in favor of defendant on the whole record.
1Opinion of the Court
THOMPSON, District Judge.
At the trial, upon the close of plaintiffs’ evidence, counsel for the defendant moved to dismiss for want of jurisdiction, upon the ground that it was apparent upon the face *638of the pleadings, in the light of the proof, that the plaintiffs had no lawful ground of recovery in the amount of $3,'000, required to give the court jurisdiction, and, at the close of defendant’s evidence, moved for binding instructions for the defendant. Both motions werevoverruled. The case went to the jury, and the jury, being unable to agree, was discharged, and the case went over.
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2Cases cited10 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Barry v. EdmundsSupreme Court of the United States · 1886
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Wetmore v. RymerSupreme Court of the United States · 1898
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
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3Cited by2 opinions
- Palmer v. MorenDistrict Court, M.D. Pennsylvania · 1942
- Isaacson v. United StatesDistrict Court, S.D. New York · 1933