Lumley v. Wabash Ry. Co.
U.S. Circuit Court for the District of Eastern Michigan
This was a bill by Epbraim Lumley against the Wabash Railway Company. Heard on demurrer. The complainant is a citizen of the province of Ontario, in the dominion of Canada, and filed his bill in this cause to obtain the cancellation and annulment of a release under seal, hy him executed on the 7th day of October, 1890, which discharged and released the defendant from all actions, causes of action, damages, etc., which had accrued to complainant hy reason of the alleged…
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This was a bill by Epbraim Lumley against the Wabash Railway Company. Heard on demurrer. The complainant is a citizen of the province of Ontario, in the dominion of Canada, and filed his bill in this cause to obtain the cancellation and annulment of a release under seal, hy him executed on the 7th day of October, 1890, which discharged and released the defendant from all actions, causes of action, damages, etc., which had accrued to complainant hy reason of the alleged negligence of the defendant, whereby the plaintiff, who was traveling in one of the defendant’s freight cars, in charge of…
1Opinion of the CourtSwan, District Judge
(after stating the facts). 1. The objection that jurisdiction is not made to appear by any averment in the bill is not well founded. The court will so far notice judicially the relation of the dominion of Canada to Great Britain as to recognize the citizens of Canada as “citizens and subjects of a foreign state.” Whatever distinction there may be between the citizenship enjoyed by a subject of the queen of Great Britain, resident in the United Kingdom, and that possessed by a citizen of the dominion, or of its constituent provinces, they are both subjects of the same sovereignty, and…
2Cases cited19 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Grimes v. SandersSupreme Court of the United States · 1876
- Jones v. United StatesSupreme Court of the United States · 1890
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Hayward v. National BankSupreme Court of the United States · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Osborne v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1904
- Dovich v. Chief Consolidated Mining Co.Utah Supreme Court · 1918
- Caldwell v. Nelson Morris & Co.Supreme Court of Louisiana · 1908
- Rockwell v. Capital Traction Co.Court of Appeals for the D.C. Circuit · 1905
- United States v. FletcherDistrict Court, W.D. Texas · 1922
3 more not listed; retrieve them via the Exa API.