New Orleans & Northeastern Railroad v. Jopes
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OE MISSISSIPPI. The court stated the case as follows: On July 2é, 1886, the defendant, in error, plaintiff below,was a passenger on the train of the plaintiff in error. While such passenger, and at Nicholson station in Hancock County, Mississippi, he was shot by Carlin, the conductor, and seriously injured. For such injury, he brought his action in damages in the Circuit Court of that county.
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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OE MISSISSIPPI. The court stated the case as follows: On July 2é, 1886, the defendant, in error, plaintiff below,was a passenger on the train of the plaintiff in error. While such passenger, and at Nicholson station in Hancock County, Mississippi, he was shot by Carlin, the conductor, and seriously injured. For such injury, he brought his action in damages in the Circuit Court of that county. The case was regularly removed to the United States Circuit Court for the Southern District of Mississippi; and a trial resulted…
1Opinion of the CourtJustice Brewer
A preliminary question is raised by counsel for the defendant in error. It is insisted that the bill of exceptions does not show that this exception was taken at the trial, and while the jury was at the bar, and therefore not in time. In support of this contention several authorities are cited. While it is doubtless true that if the exception was not taken until after the trial it would be too late, and to that effect are the authorities, yet we do not think the record shows that such was the fact in this case. The trial commenced on the 14th, and was concluded on the 15th, and the bill of…
2Cases cited5 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Walton v. United StatesSupreme Court of the United States · 1824
- Phelps v. MayerSupreme Court of the United States · 1854
- Barton v. ForsythSupreme Court of the United States · 1858
3Cited by106 opinions
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- Doremus v. RootWashington Supreme Court · 1901
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Bradley v. RosenthalCalifornia Supreme Court · 1908
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