Railway Co. v. Twombly
Supreme Court of the United States
Error to the Supreme Court of tlie Territory of Colorado. Tins was an action of trespass on the case, brought Aug. 30, 1873, in the District Court of the first judicial district for the county of Arapahoe, in the then Territory of Colorado, by Louisa Twombly, widow and administratrix of George W. K. Twombly, deceased, against the Kansas Pacific Railway Company, to recover damages for his death, caused, as she alleged, by the negligence of the agents and servants of the…
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Error to the Supreme Court of tlie Territory of Colorado. Tins was an action of trespass on the case, brought Aug. 30, 1873, in the District Court of the first judicial district for the county of Arapahoe, in the then Territory of Colorado, by Louisa Twombly, widow and administratrix of George W. K. Twombly, deceased, against the Kansas Pacific Railway Company, to recover damages for his death, caused, as she alleged, by the negligence of the agents and servants of the company, who were charged with the control and management of a locomotive and train of cars upon its road. Plea, not guilty.…
1Opinion of the CourtChief Justice Waite
We think that the court below was right in holding that the bill of exceptions only presented for review the refusal of. the District Court, on the motion for a new trial, to set aside the verdict because not sustained by the evidence. It is well settled that such a question cannot be re-examined here on a writ of error. Marine Insurance Co. v. Young, 5 Cranch, 187; Barr v. Gtratz's Heirs, 4 Wheat. 213; Mullhall v. Keenan, 18 Wall. 342.
Neither can we, as is asked, send the case back to the court below, with instructions to enter a judgment of nonsuit, because since the judgment below, and…
2Cases cited3 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Mulhall v. KeenanSupreme Court of the United States · 1873
- The Marine Insurance Company of Alexandria v. James YoungSupreme Court of the United States · 1809
3Cited by14 opinions
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- United Copper Securities Co. v. Amalgamated Copper Co.Supreme Court of the United States · 1917
- Huron Holding Corp. v. Lincoln Mine Operating Co.Supreme Court of the United States · 1941
- E. I. Du Pont de Nemours & Co. v. Richmond Guano Co.Court of Appeals for the Fourth Circuit · 1924
- Ransom v. City of PierreCourt of Appeals for the Eighth Circuit · 1900
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