Northern Pac. Ry. Co. v. Mentzer
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for'the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. ■ _ _ Action by Cyrus A. Mentzer. against the Northern Pacific Railway Company and another. Judgment for plaintiff, and defendants bring error. Cyrus A. Mentzer, tbe plaintiff in tbe court below, is a citizen of tbe state of Washington.
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In Error to the District Court of the United States for'the Southern Division of the Western District of Washington; Edward E. Cush-man, Judge. ■ _ _ Action by Cyrus A. Mentzer. against the Northern Pacific Railway Company and another. Judgment for plaintiff, and defendants bring error. Cyrus A. Mentzer, tbe plaintiff in tbe court below, is a citizen of tbe state of Washington. Tbe Northern Pacific Railway Company is a corporation organized and existing under and by virtue of the laws of tbe state of Wisconsin. Tbe Oregon-Washington Railroad & Navigation Company is a corporation organized and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] 1. The plaintiffs in error were defendants in the court below. It is contended by them that the plaintiff, having sued the defendants jointly upon one cause of action, cannot recover upon proof of distinct separate torts, one based upon the operation or construction of a particular engine of the Northern Pacific Railway Company, and one based upon a different claim of negligence in the operation or construction of an engine of the Oregon-Washington Railroad & Navigation Company. Admitting the rule to be as stated, it has no application in this case. No…
2Cases cited24 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Torrence v. SheddSupreme Court of the United States · 1892
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Pirie v. TvedtSupreme Court of the United States · 1885
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- Spokane International Ry. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1934
- Kentwood Lumber Co. v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1933
- Arnhold v. United StatesDistrict Court, W.D. Washington · 1958
6 more not listed; retrieve them via the Exa API.