Union Pac. Ry. Co. v. Novak
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Washington. This is an action brought by George J. Novak, defendant in error, but herein designated as plaintiff, to recover damages against the Union Pacific Railway, plaintiff in error, hereafter designated as defendant, for injuries received by him on the 21st of July, 1890. The complaint, with reference to the negligence of the defendant, and the injuries received by plaintiff, alleges that on July…
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In Error to the Circuit Court of the United States for the District of Washington. This is an action brought by George J. Novak, defendant in error, but herein designated as plaintiff, to recover damages against the Union Pacific Railway, plaintiff in error, hereafter designated as defendant, for injuries received by him on the 21st of July, 1890. The complaint, with reference to the negligence of the defendant, and the injuries received by plaintiff, alleges that on July 21, 1890, while plaintiff was in the employ of defendant as a fireman upon one of its engines, hauling a long train of…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). 1. It is argued that the court erred in overruling defendant’s motion to set: aside the service of summons, upon the ground that the same was not served upon the defendant. The marshal made return that he served the summons “on the 7th day of August, 1891, on said defendant, * * * by delivering to and leaving with Perry Griffin, agent of said defendant at the city of Spokane, i:' * * in said district, a certified copy thereof, together with a. copy of the complaint, certified to by the clerk.”
This return, upon its face, shows a sufficient service. But, in…
2Cases cited36 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
31 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- DETROIT, T. & IR CO. v. BanningCourt of Appeals for the Sixth Circuit · 1949
- Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- State v. HarkinsMontana Supreme Court · 1929
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
9 more not listed; retrieve them via the Exa API.