Allen v. Southern California Ry. Co.
U.S. Circuit Court for the District of Southern California
This was a motion for a new trial.. The action was brought b,y plaintiffs to recover damages for the death of their husband and father, alleged to have been occasioned by the defendant’s negligence. Among the issues raised by the pleadings and submitted to the jury was that of the citizenship of the plaintiffs. One of the plaintiffs, Sirs.
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This was a motion for a new trial.. The action was brought b,y plaintiffs to recover damages for the death of their husband and father, alleged to have been occasioned by the defendant’s negligence. Among the issues raised by the pleadings and submitted to the jury was that of the citizenship of the plaintiffs. One of the plaintiffs, Sirs. Allen, testified in terms that she and her minor children, the other two plaintiffs, were, at the commencement of the action, citizens of Missouri. On this issue of citizenship, the cour£ instructed the jury as follows: “(1) The plaintiffs, who are lilla…
1Opinion of the CourtWellborn, District Judge
(after stating the facts). The grounds of this motion, as argued in the briefs of the respective parties, are: First, insufficiency of the evidence to justify the verdict; second, misconduct of defendant’s attorney in his argument to the jury. Among the grounds formally stated in the notice of motion is also that of newly-discovered evidence. This ground, however, is not urged by plaintiffs in their brief, and, I presume, for the reasons that the evidence referred to is largely cumulative, and besides there is no showing that any diligence was used to produce it upon the trial. ,
Under the…
2Cases cited12 opinions
- Ennis v. SmithSupreme Court of the United States · 1853
- Crumpton v. United StatesSupreme Court of the United States · 1891
- Waldron v. WaldronSupreme Court of the United States · 1895
- Bradshaw v. StateNebraska Supreme Court · 1885
- People v. Shem Ah FookCalifornia Supreme Court · 1883
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3Cited by2 opinions
- Toledo, St. L. & W. R. v. HoweCourt of Appeals for the Sixth Circuit · 1911
- Killian v. KillianCalifornia Court of Appeal · 1909