Malott v. Collinsville C. & E. St. L. Electric R. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Southern District of Illinois. In November 1898, upon the hill of Mark T. Cox, lames A. Blair and .Tames W. Paul .Tr„ in the Circuit Court for the Southern District of Illinois, against the Terre Haute & Indianapolis Railroad Company, seeking certain equitable relief growing out of its relations with the Terre Haute & Peoria Railroad Company, the appellant was appointed receiver of the first mentioned road, and as…
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Appeal from the Circuit Court of the United States for the Southern District of Illinois. In November 1898, upon the hill of Mark T. Cox, lames A. Blair and .Tames W. Paul .Tr„ in the Circuit Court for the Southern District of Illinois, against the Terre Haute & Indianapolis Railroad Company, seeking certain equitable relief growing out of its relations with the Terre Haute & Peoria Railroad Company, the appellant was appointed receiver of the first mentioned road, and as such took possession of, and operated the railroad up to and including the time when the transactions constituting the…
1Opinion of the Court 1
After the foregoing statement of the case,
2Opinion of the Court · GrosscupGrosscup, Circuit Judge
It is not necessary that we should determine whether the court, sitting in equity, and having jurisdiction, through the receivership, to administer the Terre Haute & Indianapolis Railroad Company had power, upon a proper showing, to order the receiver to assent to, or contract respecting, the crossing named, upon the terms named. This view of the case, manifestly, was not. in the mind of the court; for the appellant was refused leave to file an answer; no cognizance was taken of the policy of the state relating to railway crossings; and no testimony…
3Cases cited2 opinions
- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
4Cited by7 opinions
- Stem v. Nashville Interurban Ry.Tennessee Supreme Court · 1919
- Diebold v. Kentucky Traction Co.Court of Appeals of Kentucky · 1903
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- Gibson v. Trustees of Pencader Presbyterian ChurchCourt of Chancery of Delaware · 1939
- Kammann v. St. Louis & Northeastern Railway Co.Appellate Court of Illinois · 1912
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