Flippin v. Kimball
Court of Appeals for the Fourth Circuit
This case comes up on appeal from the circuit court of the United States for the Eastern district of Virginia. Upon bill filed in the court below by the Fidelity Insurance, Trust & Safe-Deposit Company et al. against the Norfolk & Western Railroad Company, and the proceedings thereunder, the appellees, F. J. Kimball and Henry Fink, had been appointed receivers. WhiJg the company was in operation under them, the appellant, one of their employes, was injured.
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This case comes up on appeal from the circuit court of the United States for the Eastern district of Virginia. Upon bill filed in the court below by the Fidelity Insurance, Trust & Safe-Deposit Company et al. against the Norfolk & Western Railroad Company, and the proceedings thereunder, the appellees, F. J. Kimball and Henry Fink, had been appointed receivers. WhiJg the company was in operation under them, the appellant, one of their employes, was injured. He intervened in the main cause by petition, setting forth the facts attending his injury, with this alternative prayer for leave to file…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts). The appellant, Flippiu, could have proceeded in an action at law against the receivers without, leave of the court. 25 that. 433, Act 1888. Of his own accord lie intervened in a suit in equity, and submitted himself to the jurisdiction of the court. By doing this he waived his right to a trial by jury, for it is a fundamental principle that the right of trial by jury, considered as an absolute right, does not extend to cases of equity jurisdiction. If it be conceded or clearly shown Unit a case belongs to this class, ihe trial of questions involved in it belongs to…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Kohn v. McNultaSupreme Court of the United States · 1893
- Manuel v. WulffSupreme Court of the United States · 1894
- Watt v. StarkeSupreme Court of the United States · 1880
- Texas & P. Ry. Co. v. RogersCourt of Appeals for the Fifth Circuit · 1893
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3Cited by4 opinions
- Nashville Ry. & Light Co. v. BunnCourt of Appeals for the Sixth Circuit · 1909
- Cline v. PowellSupreme Court of Florida · 1939
- Willcox v. JonesCourt of Appeals for the Fourth Circuit · 1910
- State Ex Rel. Gallegos v. District Court, Ninth Judicial Dist.New Mexico Supreme Court · 1936