Florida Cent. & P. R. Co. v. Sullivan
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action by Helen A. Sullivan, as the administratrix of the estate of John T. Sullivan, deceased, against the Florida Central & Peninsular Railroad Company. The plaintiff was a citizen of Dallas county, Ala., of which state and county John T. Sullivan, deceased, was a citizen up to the time of his death.
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In Error to the Circuit Court of the United States for the Southern District of Florida. This was an action by Helen A. Sullivan, as the administratrix of the estate of John T. Sullivan, deceased, against the Florida Central & Peninsular Railroad Company. The plaintiff was a citizen of Dallas county, Ala., of which state and county John T. Sullivan, deceased, was a citizen up to the time of his death. The action was brought in the United States Circuit Court for the Southern District of Florida. The plaintiff in her pleading showed that the deceased, on the 14th day of December, 1898, was a…
1Opinion of the CourtMcCORMICK, Circuit Judge
In this case many errors are assigned, but it would be unprofitable to notice them in detail. They present substantially only three questions : (i) Can the administratrix, appointed in Alabama, maintain this suit in the state of Florida? (2) Does the matter offered by the defendant in support of its plea of contributory negligence tend to establish contributory negligence on the part of the deceased? (3) Is the case one in which the administrator can recover damages ?
As to the first of these questions: The administratrix was appointed by proper proceedings in the proper court in the state of…
2Cases cited10 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Northern Pacific Railroad v. EgelandSupreme Court of the United States · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Breitwieser v. StateNorth Dakota Supreme Court · 1954
- Biro v. SchombertCourt of Special Appeals of Maryland · 1979
- Callison v. BrakeCourt of Appeals for the Fifth Circuit · 1904
4 more not listed; retrieve them via the Exa API.