Red River Line v. Cheatham
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel in personam filed by Thomas Cheatham, as tutor of Bernice, Ruby, and Maggie Brooks, against the Red River Line, to recover damages for the drowning of James Brooks through .the alleged negligence of the defendant. There was a decree below for $2,500 (56 Fed. 248), and defendant apj)eals.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. This was a libel in personam filed by Thomas Cheatham, as tutor of Bernice, Ruby, and Maggie Brooks, against the Red River Line, to recover damages for the drowning of James Brooks through .the alleged negligence of the defendant. There was a decree below for $2,500 (56 Fed. 248), and defendant apj)eals. Suit was brought in the court below by libel in personam against the Red River Line, a corporation created under the laws of Louisiana, owner of the steamboat Valley Queen, in the Mississippi and Red…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The first matter to be Considered is the motion of the appellee to exclude the evidence as to the custom of landing steamboats on the Mississippi river and its branches, taken-, since the appeal, in this court,- on the ground that the same should have been taken in the court below, if taken at all, and no sufficient reason or excuse is given for taking it in this court. In The Beeche Dene, 5 C. C. A. 208, 55 Fed. 526, this court recognized as the proper rule on the subject of taking testimony in this court the rule declared in The Mabey, 10 Wall. 420, which…
2Cases cited3 opinions
- The MabeySupreme Court of the United States · 1870
- American Sugar-Refining Co. v. JohnsonCourt of Appeals for the Fifth Circuit · 1893
- J. T. Lunn Co. v. CameronCourt of Appeals for the Fifth Circuit · 1893
3Cited by6 opinions
- United States v. James P. Staples, Bernard D. Oslin, Richard C. CooperCourt of Appeals for the Ninth Circuit · 1958
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
- The TroyDistrict Court, W.D. New York · 1902
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1895
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
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