Legal Opinion

Woodworth v. St. Paul, M. & M. Ry. Co

U.S. Circuit Court for the District of Minnesota

Decided October 10, 1883PublishedCited by 5 opinions

At Law. Plaintiff seeks to recover damages for an injury caused to him while in the employ of the defendant in coupling freight cars, on two grounds: First, that the draw-heads of the two cars that he was required to couple were of different makes and uneven as to height, which was unknown to this plaintiff, and which he was unable to see owing to the fact that the railroad iron with which one of said cars was loaded projected over the draw-bar so as to conceal the fact that…

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At Law. Plaintiff seeks to recover damages for an injury caused to him while in the employ of the defendant in coupling freight cars, on two grounds: First, that the draw-heads of the two cars that he was required to couple were of different makes and uneven as to height, which was unknown to this plaintiff, and which he was unable to see owing to the fact that the railroad iron with which one of said cars was loaded projected over the draw-bar so as to conceal the fact that it was of a different height from the other ear; and, secondly, on the ground that after the plaintiff had given the…

1Opinion of the Court

Shieas, J.,

(charging jury.) There is a question, preliminary in its nature, as affecting the results of this case, upon which the court has been requested to instruct you, and which is fairly presented by the issue made in the pleadings, and that is in regard to the citizenship of the plaintiff. Under the law this court of the United States has jurisdiction only between citizens of different states, or between an alien and a citizen. If it should appear in the progress of the trial of this case that the plaintiff and defendant were at the time the action was brought citizens of the same…

2Cited by5 opinions

  1. District of Columbia v. MurphySupreme Court of the United States · 1941
  2. Gaddle v. MannU.S. Circuit Court for the Southern District of Georgia · 1906
  3. Burnham v. RangeleyU.S. Circuit Court for the District of Maine · 1845
  4. Creswell v. Wilmington & Northern RailroadSupreme Court of Delaware · 1899
  5. Jordan v. HolzheimerDistrict Court, D. Alaska · 1922

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