Smith v. New York, N. H. & H. R.
U.S. Circuit Court for the District of Massachusetts
This was an action to recover damages for an alleged tort, anj the present hearing is on a motion to dismiss for want of jurisdiction.
1Opinion of the Court
PUTNAM, Circuit Judge.
This case was assigned for trial by a jury, the court, at the time the assignment was made, not having been informed of the fact that a jurisdictional question was involved. On opening the pleadings at the time the jury was impaneled, it was made known to the court that the issue covered by this opinion was raised by the defendant. It was also found that the issue involved too much investigation to be properly disposed of with the expedition which the necessities of a jury trial call for, and that the cause must either be continued, or the practice which was approved in…
2Cases cited8 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Wetmore v. RymerSupreme Court of the United States · 1898
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Goodlett v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
- Nashua and Lowell Railroad v. Boston and Lowell RailroadSupreme Court of the United States · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Town of Bethel v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1936
- Goodwin v. New York, N. H. & H. R. Co.U.S. Circuit Court for the District of Massachusetts · 1903
- Case v. Atlanta & C. A. L. Ry. Co.District Court, W.D. South Carolina · 1915
- Johnson v. Union Pac. R.U.S. Circuit Court for the District of Rhode Island · 1906
3 more not listed; retrieve them via the Exa API.