Mills v. Smith

EVANS, Circuit Judge.

Plaintiff sued the South Bend Railroad, an interurban railroad, in July of 1928, to recover damages suffered in February, 1928, through the negligence of the railroad. The trial began on October 30, 1930, and a verdict for plaintiff was rendered upon which judgment was entered, December 22, 1930. On October 30, the day of the commencement of the personal injury trial, the receiver of the South Bend Railroad was discharged. He did not notify plaintiff of his discharge, and his counsel continued to defend the action before court and jury and took the appeal which result'ed…