Mulhern v. Union Pacific Railroad
Wyoming Supreme Court
ERROR to the District Court of Albany County. The facts are stated in the opinion. A judgment of non-súit is a judgment dismissing the action. The Code of Civil Procedure provides under what circumstances a case at law may be dismissed, and further provides that in “ all other cases, upon a trial of the action, the decision must be upon the merits.” This case was not one of those that can be dismissed by the court.
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ERROR to the District Court of Albany County. The facts are stated in the opinion. A judgment of non-súit is a judgment dismissing the action. The Code of Civil Procedure provides under what circumstances a case at law may be dismissed, and further provides that in “ all other cases, upon a trial of the action, the decision must be upon the merits.” This case was not one of those that can be dismissed by the court. Civil Code, sec. 879; Byrd v. Blessing, 11 Ohio St., 362; 1 Pet., 471, 497; Bilis Norton v. Ohio Life Insurance and Trust Co., 4 Ohio St., 648; Langhoff v. Br. JDuehein R. W. Co.…
1Opinion of the Court · SenerSener, C. J.
Francis Mulhern, plaintiff in error, on the 13th of August, 1880, filed an amended petition in the second district court for Albany county, claiming damages for injuries received whilst acting as night yard master at Laramie City, in the sum of $50,000, because of the recklessness and carelessness of one of the defendant’s servants, one of its engineers; the plaintiff alleging that at the time the injuries were received he was in the discharge of his duties, and that he was so cut, bruised and wounded as to be disabled from engaging in any pursuit or earning a living for the remainder of his…
Also in this document: Opinion of the Court · Waite.
2Cited by1 opinion
- Mau v. StonerWyoming Supreme Court · 1902