Gardner v. Michigan Central Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. This was an action brought in the Circuit Court ojl the United.
Read the full summary
ERROR TO THE CIRCUIT COURT OF TIIE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. This was an action brought in the Circuit Court ojl the United. States for the Western District of Michigan by Frederick Gardner, a citizen of the State of Indiana, against the Michigan Central Railroad Company, a' corporation of the State of Michigan, to recover damages for injuries alleged to have been inflicted by reason of the negligence of the defendant in causing, and allowing to remain for some time prior to the accident complained of, a bole in the planking' of the cross-ing of a thoroughfare near…
1Opinion of the CourtChief Justice Fullee
Counsel for plaintiff in error does not contend that the judgment of the Supreme Court of Michigan operated as a bar to this action, but he insists that that judgment precluded “the plaintiff from successfully maintaining a new action against the defendant; upon evidence tending to prove only the same state of facts which the evidence before the Supreme Court 'of the State tended-to prove.” This assumes a final adjudication on matter of law, binding between the parties, and, treating the judgment reversing and remanding the causé as final, applies it as an estoppel, notwithstanding the fact…
2Cases cited10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by173 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Gunning v. CooleySupreme Court of the United States · 1930
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
168 more not listed; retrieve them via the Exa API.