Wabash R. v. Barbour
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This action was originally brought by the plaintiff, Edwin S. Barbour, below, in the Wayne circuit court, against the Wabash Railroad Company, to recover damages for an injury sustained by the plaintiff while a passenger oni the defendant railroad company’s train running from Chicago to Detroit.
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This action was originally brought by the plaintiff, Edwin S. Barbour, below, in the Wayne circuit court, against the Wabash Railroad Company, to recover damages for an injury sustained by the plaintiff while a passenger oni the defendant railroad company’s train running from Chicago to Detroit. Among other counts in the declaration was one averring that the plaintiff became a passenger on the train of the defendant leaving the city of Detroit for the city of Chicago, and occupied one of the sleeping…
1Opinion of the CourtTaft, Circuit Judge
We are very loath to rule with the defendant in this case, and reverse the judgment, which, on the merits of the case, is clearly a just-one. We are especially reluctant to do this when we must do it in favor of the party which first sought the federal jurisdiction, and now seeks to avail itself of the benefit oí an error into which it urged the court below. We are not, however, able to discover any theory upon which the jurisdiction of the court below can be sustained, in view of the decisions of the supreme court of the United States. In Tennessee v. Union & Planters’ Bank, 152 U. S. 434,…
2Cases cited7 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- American Fire & Casualty Co. v. FinnCourt of Appeals for the Fifth Circuit · 1950
- Winters v. DrakeU.S. Circuit Court for the District of Northern Ohio · 1900
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951