Philadelphia & Reading Coal & Iron Co. v. Kever
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by Katherine Kever, widow of George Kever, against the Philadelphia & Reading Coal & Iron Company. Judgment for plaintiff, and defendant brings error.
1DissentManton, Circuit Judge
The defendant in error has judgment for $19,081.04 assessed by a jury pursuant to an order entered April 13, 1918, vacating an order of May 4, 1917, which latter order was granted upon motion of the plaintiff in error reinstating the answer which it had previously filed. This answer the plaintiff in error had withdrawn upon its own motion.
The action was commenced on April 14, 1915, and after several dilatory pleas a trial was had on May 22, 1916, when the jury disagreed. The various pleas interposed by the plaintiff in error were as follows:
Its first plea was served as a plea to the…
2Cases cited15 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Pennsylvania Fire Insurance v. Gold Issue Mining & Milling Co.Supreme Court of the United States · 1917
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
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