Sutherland v. Round
Court of Appeals for the Sixth Circuit
Error to the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. At Law. Action by Adam T. Sutherland, assignee óf Van Winkle & Co., against David Round and Louis Round, to recover damages for breach of warranty in the sale of a chain. Judgment for defendants. Plaintiff brings error.
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Error to the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. At Law. Action by Adam T. Sutherland, assignee óf Van Winkle & Co., against David Round and Louis Round, to recover damages for breach of warranty in the sale of a chain. Judgment for defendants. Plaintiff brings error. Statement by TAFT, Circuit Judge: This was a writ of error to reverse a judgment for defendant in the circuit court of the United States for the northern district of Ohio, eastern division. The action below was by Sutherland, a citizen of California, against David and Louis…
1Opinion of the Court
TAFT, Circuit Judge,
(after stating the facts as above.) The assignments of error are based — First, on the improper rejection and admission of evidence; and, second, on misdirection by the court to the jury.
The plaintiff offered evidence of the employes of the San Diego Marine Railway Company — first, to show how the chain broke, which was admitted; and, second, to show the extent of the damage caused the San Diego Marine Railway, and the amount of money that had been expended in repairing the damage, as well as the consequential damages incurred by the railway company in the loss of its…
2Cases cited2 opinions
- Mueller v. EhlersSupreme Court of the United States · 1876
- Walton v. United StatesSupreme Court of the United States · 1824
3Cited by7 opinions
- Needham v. CooneyCourt of Appeals of Texas · 1915
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Stephenville, N. & S. T. Ry. Co. v. WheatCourt of Appeals of Texas · 1914
- St. Louis, I. M. & S. Ry. Co. v. SpencerCourt of Appeals for the Eighth Circuit · 1895
- Western Union Tel. Co. v. BakerCourt of Appeals for the Ninth Circuit · 1898
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