Missouri, Kansas & Texas R'y Co. v. Elliott
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Georgia C. Elliott and others against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs. Defendant appeals.
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Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Georgia C. Elliott and others against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs. Defendant appeals. This is an action brought by Lydia J. Elliott, the widow, and Georgia C. Elliott and Nannie P. Elliott, the minor children, of William H. Elliott, deceased, to recover damages of the appellant for the alleged wrongful killing of the said William H, Elliott, who, at the time of his death, was employed as a fireman upon one of the engines operated upon the line of the…
1Opinion of the CourtThomas, J.
We have carefully examined this alleged stipulation, and also the motion for a continuance filed by the appellant, and the exhibits attached thereto, and it is our opinion that the appellant had no right to a continuance of this cause on either. This cause has been upon the docket for more than four years. The venue had been changed by the appellant from South McAlester, on the 1st day of February, 1894, and the record does not disclose that between that date and the month of November 1897 this *411case had ever been reached for trial. There were other parties plaintiff in this case, the minor…
2Cases cited15 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Malone v. . HathawayNew York Court of Appeals · 1876
- Corcoran v. . HolbrookNew York Court of Appeals · 1875
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
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3Cited by3 opinions
- Frisco Lumber Co. v. SpiveySupreme Court of Oklahoma · 1914
- Loose-Wiles Biscuit Co. v. JollySupreme Court of Arkansas · 1922
- Brown v. McNairCourt Of Appeals Of Indian Territory · 1904