Kohn v. McNulta
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE,NORTHERN DISTRICT OF OHIO. On April 29, 1887, appellant entered into the employ of the defendant, the re.ceiv.er of the "Wabash, St. Louis and-Pacific ■ Railway Company, as a switchman in the yards of the company at Toledo, Ohio. He continued in such employ until the 11th of July, 1887, on which day, in attempting to couple two freight cars, his arm was caught between the dead woods and crushed.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE,NORTHERN DISTRICT OF OHIO. On April 29, 1887, appellant entered into the employ of the defendant, the re.ceiv.er of the "Wabash, St. Louis and-Pacific ■ Railway Company, as a switchman in the yards of the company at Toledo, Ohio. He continued in such employ until the 11th of July, 1887, on which day, in attempting to couple two freight cars, his arm was caught between the dead woods and crushed. Thereafter, he filed his petition of intervention in the Circuit Court of the United States for the Northern District of Ohio, the court…
1Opinion of the Court
• Mr. Justice Brewer,
after stating the case, delivered the-opinion of the court.
So far as the mere matter of procedure is concerned, there was obviously no error.- The intervention was a proceeding .in a court of equity, and that court may direct a verdict by a jury upon any single fact, or upon all the matters in dispute; but such verdict is not binding upon the judgment of the court. It is advisory simply, and'the court may disregard it entirely, or adopt it either partially or in toto. Barton v. Barbour, 104 U. S. 126; 2 Daniell’s Chancery PI. and Pr., 5 ed. 1148, and cases cited in noté…
2Cases cited5 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Baldwin v. C., R. I. & P. R.Supreme Court of Iowa · 1879
3Cited by73 opinions
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- State v. I'ANSONAlaska Supreme Court · 1974
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Swick v. Ætna Portland Cement Co.Michigan Supreme Court · 1907
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