Atchison, T. & S. F. R. v. Myers
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. This was an action on the case by William Myers against the Atchison, Topeka & Santa Fd Railroad Company. Plaintiff obtained judgment. Defendant brings error.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. This was an action on the case by William Myers against the Atchison, Topeka & Santa Fd Railroad Company. Plaintiff obtained judgment. Defendant brings error. This action was begun by William Myers in the circuit court of Hancock -county, 111., and was removed by the plaintiff in error into the circuit court of the United States for the southern district of Illinois on account of the diverse citizenship of the parties. It was brought to recover damages for the loss of his arm, which was crushed between…
1Opinion of the Court
After making the foregoing’ statement the opinion of the court was delivered by
BAKER, District Judge.
Ko available error is presented by the refusal of the court, at the conclusion of the evidence of the defendant in error in opening his case, to instruct the jury to return a verdict for the plaintiff in error. The plaintiff in error did not. stand upon t:he ruling of the court, but having elected to proceed with the *796case and introduce its evidence, and take the chances of a verdict in its favor, it has waived its right, if any it had, to avail itself of the alleged error in the ruling of the…
2Cases cited29 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Colorado &. S. Ry. Co. v. RoweTexas Commission of Appeals · 1922
- Murray v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- Choctaw, O. & G. R. v. HollowayCourt of Appeals for the Eighth Circuit · 1902
- United Firemen's Ins. v. ThomasCourt of Appeals for the Seventh Circuit · 1897
- Western Coal & Mining Co. v. BerberichCourt of Appeals for the Eighth Circuit · 1899
18 more not listed; retrieve them via the Exa API.