St. Louis & S. F. Ry. Co. v. Dearborn
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. Action by Charles Dearborn against the St. Louis & San Francisco Railway Company for personal injuries. Plaintiff obtained judgment. Defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. Action by Charles Dearborn against the St. Louis & San Francisco Railway Company for personal injuries. Plaintiff obtained judgment. Defendant brings error. This was a suit brought by defendant in error in the district court of the state of Texas in and for Lamar county, by petition filed February 11, 1892, against plaintiff in error to recover damages in the sum of $10,000 for injuries alleged to have been received August 14, 1891, while in defendant’s employ as a locomotive engineer. The plaintiff in error…
1Opinion of the CourtToulmest, District Judge
(after stating the facts). In our view of this case, the only assignments of error necessary for us to consider are those which involve the ruling of the court below in reference to the release pleaded and read in evidence by the defendant (now plaintiff in error). The assignments of error referred to are, in substance, the overruling- defendant’s demurrer to plaintiff’s replication to the plea of release; the overruling defendant’s motion to exclude from the jury the plaintiff’s testimony to the effect that the defendant agreed to pay plaintiff’s hotel and hospital bills, and his lost time,…
2Cases cited2 opinions
- Bigham v. BighamTexas Supreme Court · 1882
- Davis v. SniderSupreme Court of Alabama · 1881
3Cited by9 opinions
- Milich v. Armour Packing Co.Supreme Court of Kansas · 1899
- Houston v. TrowerCourt of Appeals for the Eighth Circuit · 1924
- Huntington v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1909
- Dawley v. Dawley's EstateSupreme Court of Colorado · 1915
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
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