Legal Opinion

Toledo, St. L. & W. R. Co. v. Sellers

Court of Appeals for the Seventh Circuit

Decided January 10, 1911No. 1,723Published

In Error to the Circuit Court of the United States for the Eastern District of Illinois. Action by Ambrose Sellers, as administrator of the estate of Edwin J. Hair, deceased, against the Toledo, St. Eouis & Western Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtGrosscup, Circuit Judge

This case was in this Court, before, 177 Fed. 152, 100 C. C. A. 572, where the facts are fully stated. The principal assignment of error is that plaintiff in error’s motion for a peremptory instruction, made at the close of the evidence, was overruled. Unquestionably, this instruction should have been given, unless there was evidence at this hearing not in the previous case, tending to change the state of facts to which the law in the previous case was applied by this Court.

After stating the facts in detail, the opinion, in the previous hearing, proceeds:

“As appears from the above statement…

2Cases cited1 opinion

  1. Toledo, St. L. & W. R. v. GordonCourt of Appeals for the Seventh Circuit · 1909

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