Legal Opinion

Sandoval v. Davis

District Court, N.D. Ohio

Decided March 13, 1922No. Nos. 11113, 11177, 11037Published

At Raw. Separate actions by Jose E. Sandoval, by Albert E. Petersen, and by B. T. McPeak, as administrator of the estate of Joseph E. Cleary, deceased, against James C. Davis, Agent appointed under Transportation Act of 1920, § 206. On demurrers to the answers.

1Opinion of the Court

WESTENHAVER, District Judge.

These three cases are before me on demurrers of the respective plaintiffs to the second defense of the several answers in each case. The questions o f law arising thereon are precisely the same. Sandoval, Petersen, and Cleary were soldiers or enlisted men in the military service of the United States, and the two first named were injured and the last named was killed in the line of duty while on active service. Their injuries and death, it is alleged, were due to the negligent operation by employees of the Director Gen.eral of Railroads in operating certain…

2Cases cited11 opinions

  1. Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
  2. Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
  3. Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
  4. Haubert v. Baltimore & O. R.District Court, N.D. Ohio · 1919
  5. Erie R. Co. v. CaldwellCourt of Appeals for the Sixth Circuit · 1920

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