St. Bernard v. Shane
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Northern District of Ohio; Wm. L. Day, Judge. Action by Eillian St. Bernard, administratrix of Bion St. Bernard, deceased, against S. P. Shane and another, receivers of the Gilchrist Transportation Company. A demurrer was sustained to the original petition'(201 Fed. 453), and amended petitions were stricken from the files, and plaintiff brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiff, an administrator appointed by a probate court of Michigan, sued the defendants for negligent injuries causing decedent’s death, the injuries and death occurring in the state of Illinois, while decedent was in the employ of defendants, acting as receivers under appointment of the court below in the operation of a steamboat in Illinois. The original petition was demurred to, first, because of plaintiff’s alleged incapacity to sue; and, second, for lack of statement of cause of action. The demurrer was sustained as to the second ground ([D. C.] 201 Fed. 453),…
2Cases cited23 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- The HarrisburgSupreme Court of the United States · 1886
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- The HamiltonSupreme Court of the United States · 1907
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3Cited by7 opinions
- Norton v. EverhartTennessee Supreme Court · 1995
- Floyd v. Vicksburg Cooperage Co.Mississippi Supreme Court · 1930
- Stephenson v. Grand Trunk Western R. Co.Court of Appeals for the Seventh Circuit · 1940
- Lauria v. E. I. Du Pont De Nemours & Co.District Court, E.D. New York · 1917
- Dougherty v. GutensteinDistrict Court, S.D. New York · 1935
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