Southern Bell Telephone & Telegraph Co. v. Watts
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of West Virginia. This was an action by O. C. Watts against the Southern Bell Telephone & Telegraph Company to recover .damages for negligence. Upon the trial in the circuit court, judgment was given for the plaintiff. 66 Fed. 453. Defendant brings error.
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In Error to the Circuit Court of the United States for the District of West Virginia. This was an action by O. C. Watts against the Southern Bell Telephone & Telegraph Company to recover .damages for negligence. Upon the trial in the circuit court, judgment was given for the plaintiff. 66 Fed. 453. Defendant brings error. Tiiis was an action of trespass on the case brought by Watts, a citizen of West Virginia, against the Southern Bell Telephone & Telegraph Company, a citizen of the state of New York, to recover $9,000, the value of a dwelling and its contents destroyed by a lire caused, as…
1Opinion of the CourtMorris, District Judge
(after stating the facts). The demurrer to defendant’s plea to the jurisdiction, which was sustained by the court, raises the question whether Watts could, in Ins own name and alone, institute an action at law to recover the full value of the property alleged to have been destroyed by the *464defendant’s negligence, after having been paid by the insurers about one-half Ms loss. It is contended that as the insurers were subrogated to the extent of their payments, and were entitled to be repaid if Watts recovered the whole loss from the defendant, they were necessary plaintiffs in the action, and…
2Cases cited7 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Allis v. United StatesSupreme Court of the United States · 1894
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
- Smith v. LyonSupreme Court of the United States · 1890
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- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- Hanton v. New Orleans & C. R., Light & Power Co.Supreme Court of Louisiana · 1909
- Powell v. . Water Co.Supreme Court of North Carolina · 1916
- Yorkshire Ins. Co. v. United StatesCourt of Appeals for the Third Circuit · 1948
- Robinson v. Township of WyomingMichigan Supreme Court · 1945
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