Detroit, M. & T. S. L. Ry. v. Kimball
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Northern District of Ohio; John W. Killits, Judge. Action at law by Bertha G. Kimball against the Detroit, Monroe & Toledo Short Line Railway. Judgment for plaintiff, and defendant brings error. Mrs. Kimball, who was the plaintiff below, alleged serious physical injury suffered in a collision while she was a passenger on a railroad of the plaintiff in error, a Michigan corporation.
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In Error to the District Court of the United States for the Western Division of the Northern District of Ohio; John W. Killits, Judge. Action at law by Bertha G. Kimball against the Detroit, Monroe & Toledo Short Line Railway. Judgment for plaintiff, and defendant brings error. Mrs. Kimball, who was the plaintiff below, alleged serious physical injury suffered in a collision while she was a passenger on a railroad of the plaintiff in error, a Michigan corporation. Claiming residence and citizenship in Ohio, Mrs. Kimball brought this action in the United States District Court, at Toledo, and…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. The criticism as to instructing the jury on the preliminary trial is that the court said Mrs. Kimball’s testimony, referring to her intention to keep her “home” in Toledo, might properly be considered as intended to refer to her citizenship status. This was clearly not beyond the proper function of the trial judge in assisting the jury.
As to the merits of the citizenship question, the assignments of error present only the proposition that it was the imperative duty of the court to dismiss the case for lack of jurisdiction. Upon the final trial, this…
2Cases cited1 opinion
- Hill v. WalkerCourt of Appeals for the Eighth Circuit · 1909
3Cited by10 opinions
- State v. CarduffWest Virginia Supreme Court · 1956
- Shaw v. Pacific Supply CooperativeOregon Supreme Court · 1941
- Wilkes v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Franzen v. Chicago, M. St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1921
- Carl Blount v. Jugoslavenska Linijska PlovidbaCourt of Appeals for the Third Circuit · 1977
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