Mexican Cent. Ry. Co. v. Glover
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. J. M. Glover, defendant in error, brought this suit in the court, below against the Mexican Central Railway Company, limited, plaintiff in error, to recover damages against said railway company for personal injuries alleged to have been received by said Glover in the republic of Mexico, while an employé of said company, in jumping from the engine of which ho was fireman, when, it was about…
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In Error to the Circuit Court of the United States for the Western District of Texas. J. M. Glover, defendant in error, brought this suit in the court, below against the Mexican Central Railway Company, limited, plaintiff in error, to recover damages against said railway company for personal injuries alleged to have been received by said Glover in the republic of Mexico, while an employé of said company, in jumping from the engine of which ho was fireman, when, it was about to collide with a train standing on the main track of said company's line. Glover claimed in his petition that the…
1Opinion of the CourtPardee, Circuit Judge
The first assignment of e'rror, complaining of the refusal of the court below to instruct the jury at the close of the plaintiff’s evidence to find for the defendant, is not well taken, because at the time of requesting such instruction the defendant had not rested its case, but afterwards went on and introduced evidence in its own behalf. Railway Co. v. Cummings, 106 U. S. 700, 1 Sup. Ct. 493, 27 L. Ed. 266; Insurance Co. v. Crandal, 120 U. S. 527, 530, 7 Sup. Ct. 685, 30 L. Ed. 740.
The second assignment of error alleges that the court erred in refusing to instruct the jury to find for the…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Gulf, Colorado & Santa Fe Railway Co. v. McMannewitzTexas Supreme Court · 1888
- Malpica v. McKownSupreme Court of Louisiana · 1830
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3Cited by5 opinions
- Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. JerniganCourt of Appeals for the Fifth Circuit · 1965
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- Bostrom v. Seguros Tepeyac, S.A.District Court, N.D. Texas · 1963
- Cuba R. v. CrosbyCourt of Appeals for the Third Circuit · 1909
- Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. JerniganCourt of Appeals for the Fifth Circuit · 1965