Callison v. Brake
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This is an action by the plaintiff, as administrator of the estate of Gerard H. Brake, deceased, to recover damages from the defendant for alleged wrongful act or acts, or negligence, or default on the part of the defendant, alleged-to have been the cause of death of Gerard H. Brake.
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In Error to the Circuit Court of the United States for the Southern District of Florida. This is an action by the plaintiff, as administrator of the estate of Gerard H. Brake, deceased, to recover damages from the defendant for alleged wrongful act or acts, or negligence, or default on the part of the defendant, alleged-to have been the cause of death of Gerard H. Brake. The statement of the plaintiff’s case is set forth in his declaration in four separate and distinct counts; that is, each of these four separate counts is a statement of a claim contended for by plaintiff against defendant,…
1Opinion of the CourtMcCORMICK, Circuit Judge
(after stating the facts as above). In the opinion of the majority of this court, the judgment of the Circuit Court in this case should be affirmed. We do not deem it necessary to notice in detail, and in the order in which they have been presented by the respective counsel, the questions which were raised on the trial and have been submitted to us on the hearing of this writ of error. We notice only a few of the points, which we deem require some attention.
The trial judge, amongst other things, in the charge which he gave the jury on his own motion, instructed-them substantially that the…
2Cases cited4 opinions
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- State ex rel. Turner v. HockerSupreme Court of Florida · 1895
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1900
- Florida Cent. & P. R. Co. v. SullivanCourt of Appeals for the Fifth Circuit · 1903
3Cited by5 opinions
- Carlton v. GrimesSupreme Court of Iowa · 1946
- English v. United StatesCourt of Appeals for the Fifth Circuit · 1953
- In re Camuy Sugar Co.District Court, D. Puerto Rico · 1913
- Smith v. ThompsonSupreme Court of Iowa · 1934
- State Ex Rel. Lane Drug Stores, Inc. v. SimpsonSupreme Court of Florida · 1936