Fishburn v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN. This was an action to recover damages for an alleged wrongful ejectment from a railway train.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN. This was an action to recover damages for an alleged wrongful ejectment from a railway train. The record contained a bill of exceptions in which were set forth at length (1) the pleadings; (2) the evidence at the trial with the objections to its admissibility or competency taken at the time; (3) the charge of the court, to which no exception was taken before verdict; (4) the verdict of the jury for the defendant; (5) a .motion for a new trial for alleged errors in the charge set forth specifically; (6) the…
1Opinion of the CourtFuller, C. J.
This is an action for damages brought by plaintiff in error against defendant in error for wrongfully ejecting her from one of its passenger trains, and resulted in a verdict and judgment in favor of defendant in error.
In regard to motions for new trial and bills of exceptions, courts of the United States are independent of any statute or practice prevailing in the courts of the State in which the trial is had. Missouri Pacific Railway Co. v. Chicago & Alton Railroad Co., 132 U. S. 191.
Mr. B. F. Dunwiddie (with whom were Mr. I. C. Sloane and Mr. B. Dunwiddie on the brief) for plaintiff in…
2Cases cited1 opinion
- Missouri Pacific Railway Co. v. Chicago & Alton RailroadSupreme Court of the United States · 1889
3Cited by31 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Hudson v. ParkerSupreme Court of the United States · 1895
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Northern Pac. R. Co. v. CharlessCourt of Appeals for the Ninth Circuit · 1892
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