Rhodes v. United States
Court of Appeals for the Eighth Circuit
In Error to the Oirenit Oourt of the United States for the Eastern District of Missouri. On October 25, 1895, the United States, the defendant in error, filed a petition in the court below to recover from Francis M. Ithodes, the plaintiff in error, $9,847.40, which it alleged tlia,t it had been induced to pay to him by his fraudulent representations that he contracted catarrhal ophthalmia while engaged in its service, and in the line of his duly as a soldier, when in fact he…
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In Error to the Oirenit Oourt of the United States for the Eastern District of Missouri. On October 25, 1895, the United States, the defendant in error, filed a petition in the court below to recover from Francis M. Ithodes, the plaintiff in error, $9,847.40, which it alleged tlia,t it had been induced to pay to him by his fraudulent representations that he contracted catarrhal ophthalmia while engaged in its service, and in the line of his duly as a soldier, when in fact he had contracted the disease before he entered its service. The plaintiff in error interposed an answer, in which he…
1Opinion of the Court
SANBORN, Circuit Judge,
after stating the case as above, delivered the op inion of the court.
The chief complaint in this case is that the court below submitted to the jury the issue whether or not the disease of the plaintiff in error was contracted “in the line of duty,” when that issue was not raised by the pleadings or by the evidence, and that it erroneously stated the law governing the issue in the following paragraphs of its charge:
“If you find that lie did have ophthalmia—a disease of the eyes—prior to the time of Ms entering into the army, then you should, under one phase of the…
2Cases cited12 opinions
- City of Lincoln v. Sun Vapor Street-Light Co.Court of Appeals for the Eighth Circuit · 1894
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Tabor v. Commercial Nat. Bank of ClevelandCourt of Appeals for the Eighth Circuit · 1894
- Village of Alexandria v. StablerCourt of Appeals for the Eighth Circuit · 1892
- United States v. PatrickCourt of Appeals for the Eighth Circuit · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- Lawrence v. City of Los AngelesCalifornia Court of Appeal · 1942
- The Buenos AiresCourt of Appeals for the Second Circuit · 1924
- Davidson S. S. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1905
9 more not listed; retrieve them via the Exa API.