Northern Pac. R. Co. v. Amato
Court of Appeals for the Second Circuit
Error to the Circuit Court of the United Slates for the Southern District of New York. Action by Dominick Amato against the Northern Pacific Railroad Company for damages for personal injuries. The cause was brought originally in the supreme court of Yew York for Yew York county, and was subsequently removed by defendant to the United States circuit court for the southern district of Yew York.
Read the full summary
Error to the Circuit Court of the United Slates for the Southern District of New York. Action by Dominick Amato against the Northern Pacific Railroad Company for damages for personal injuries. The cause was brought originally in the supreme court of Yew York for Yew York county, and was subsequently removed by defendant to the United States circuit court for the southern district of Yew York. Verdict and judgment for plaintiff in the sum of $4,000, and a motion for a new trial denied. 46 Fed. Rep. 561. Defendant brings error. Affirmed. On writ of error from the supreme court, affirmed, 12…
1Opinion of the Court
Lacombe, Circuit Judge,
after stating the case as above, delivered the c pinion of the court.
The defendant in error contends that the writ of error is void, because is was issued from the circuit court, and not from the circuit court of appeals. Such contention is unsound. The act of March 3, 1891, establishing the circuit courts of appeals, '(26 St. p. 826, c. 517,) provides in its eleventh section that “all provisions of law now in force [when the act was passed] regulating the methods and-system of review, t irough appeals or writs of error, shall regulate the methods and system of appeals…
2Cases cited2 opinions
- Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875
3Cited by4 opinions
- The Alijandro v. WallaceCourt of Appeals for the Ninth Circuit · 1893
- Kentucky Coal, Timber, Oil & Land Co. v. HowesCourt of Appeals for the Sixth Circuit · 1907
- Iowa Cent. Ry. Co. v. WalkerCourt of Appeals for the Eighth Circuit · 1919
- Marine Railroad, Shipbuilding & Coal Co. v. MattanoCourt of Appeals for the Fourth Circuit · 1892