Legal Opinion

Strait v. Yazoo & M. V. R.

Court of Appeals for the Sixth Circuit

Decided November 6, 1913No. 2,363PublishedCited by 6 opinions

In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Action by Viola Strait, for the use and benefit of herself and the other next of kin of Curtis Strait, deceased, against the Yazoo & Mississippi Valley Railroad Company and another. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

WARRINGTON, Circuit Judge.

Plaintiff commenced her action in the circuit court of Shelby county, Tenn., for wrongful death of her son, and defendants removed the case to the court below. Under pleas of not guilty and contributory negligence, judgment was entered upon a verdict for defendants; plaintiff only having adduced evidence. The death occurred in the state of Mississippi at defendants’ railroad crossing of a certain country road. While riding upon an ordinary farm wagon laden with loose cotton seed and drawn by mules, which *159he was driving, deceased was, by reason of the unsafe and…

2Cases cited31 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  3. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  4. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  5. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907

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3Cited by6 opinions

  1. Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
  2. St. Bernard v. ShaneCourt of Appeals for the Sixth Circuit · 1915
  3. Teti v. Consolidated Coal Co. of MarylandDistrict Court, N.D. New York · 1914
  4. Frank Geisinger v. Milner Hotels, Inc.Missouri Court of Appeals · 1947
  5. Interstate Savings & Trust Co. v. WyattColorado Court of Appeals · 1915

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