Herr v. St. Louis & S. F. R. Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Mississippi. Action by W. A. II err, administrator, against the St. Louis & San Francisco Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
SHELBY, Circuit Judge.
This is an action by W. A. Herr, as the administrator of E. J. Herr, deceased, against the St. Louis & San Francisco Railroad Company, iu which the plaintiff claims damages for the negligence of the defendant in causing the death of E. J. Herr. The case was begun in a state court, and was duly removed, on the ground of diverse citizenship, to the circuit court. The defenses presented were a denial of negligence by the defendant, and contributory negligence on the part of the deceased. After all the evidence had been presented, the trial court, on motion of the defendant,…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Brown v. McConnellSupreme Court of the United States · 1888
3Cited by6 opinions
- Great Northern Ry. Co. v. HarmanCourt of Appeals for the Ninth Circuit · 1914
- St. Louis & S. F. R. v. HerrCourt of Appeals for the Fifth Circuit · 1912
- The PlymouthCourt of Appeals for the Third Circuit · 1911
- Salt Lake & U. R. v. TrumbullCourt of Appeals for the Eighth Circuit · 1917
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1939
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