American Window Glass Co. v. Noe
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the District of Indiana. * ■ Plaintiff in error, defendant below, seeks a reversal of a judgment for damages on account of the personal injury of the plaintiff by the alleged negligent acts of the defendant.
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In Error to the Circuit Court of the United States for the District of Indiana. * ■ Plaintiff in error, defendant below, seeks a reversal of a judgment for damages on account of the personal injury of the plaintiff by the alleged negligent acts of the defendant. The assignments are that the court erred in overruling the demurrer to the complaint; in consolidating this action with that of another plaintiff against this same defendant and requiring the defendant to try the two cases together; in overruling defendant’s motion for a directed verdict ; in giving certain instructions to the jury;…
1Opinion of the CourtBaker, Circuit Judge
No exception was taken to. any of the instructions to the jury. As there was no substantial difference between the case as pleaded and as proven, the only questions are whether the court erred in compelling the trial of this case with another, and whether the evidence affords a legal l^cisis for the verdict.
Section 921, Rev. St. [U. S. Comp. St. 1901, p. 685] authorizes the consolidation of cases for the purpose of trial “when it appears reasonable to do so.” The ground of plaintiff’s motion was that he -and the other plaintiff were injured in the same accident, and that the same evidence,…
2Cases cited7 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- Cleveland, C., C. & St. L. Ry. Co. v. BrownCourt of Appeals for the Seventh Circuit · 1896
- Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
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3Cited by16 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Terminal R. Ass'n of St. Louis v. HowellCourt of Appeals for the Eighth Circuit · 1948
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
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