Cross v. Evans
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. This was an action to recover damages for personal injuries sustained by the defendant in error on September 1, 1890, while he was in the employ of Gross and Eddy, receivers of the Missouri, Kansas & Texas Railway Company.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. This was an action to recover damages for personal injuries sustained by the defendant in error on September 1, 1890, while he was in the employ of Gross and Eddy, receivers of the Missouri, Kansas & Texas Railway Company. At the time of the injury, defendant in error was employed as a brakeman on the Taylor, Bastrop & Houston Branch, which was a part of the Missouri, Kansas & Texas System, and was operated by the above receivers; and it is alleged that the injuries were brought about by the derailing of a…
1Opinion of the CourtSwnyne, District Judge
The cause comes here on 10 assignments of error. The sixth, seventh, and eighth object in part to the refusal of the court below to take the case from the jury and direct a verdict for the defendants “because there was no evidence that any defect in the roadbed had aught to do with bringing about the accident, but on the contrary the same was shown to have been caused by a drawhead pulling out, which was a matter of pure accident.” The other questions raised by the assignments are: First, the jurisdiction of the federal court; second, the statute of limitations; and, third, the absence of…
2Cases cited7 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- Stewart v. DunhamSupreme Court of the United States · 1885
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Dunn v. ClarkeSupreme Court of the United States · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
- Grant County Deposit Bank v. McCampbellCourt of Appeals for the Sixth Circuit · 1952
- Chobanian v. Washburn Wire CompanySupreme Court of Rhode Island · 1911
- Roberts Min. & Mill. Co. v. SchraderCourt of Appeals for the Ninth Circuit · 1938
- Hood Ex Rel. North Carolina Bank & Trust Co. v. BellCourt of Appeals for the Fourth Circuit · 1936
5 more not listed; retrieve them via the Exa API.