Texas & P. Ry. Co. v. Rogers
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. At Law. Action by Thomas GL Rogers against the Texas & Pacific Railway Company to recover damages for personal injuries sustained while in its employment. There was a verdict for plaintiff, and, from the judgment entered thereon, defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. At Law. Action by Thomas GL Rogers against the Texas & Pacific Railway Company to recover damages for personal injuries sustained while in its employment. There was a verdict for plaintiff, and, from the judgment entered thereon, defendant brings error. Statement by PARDEE, Circuit Judge: Thomas G. Rogers, defendant in error, instituted his action against the Texas & Pacific Railway Company, plaintiff in error, in the court below, and in his original petition as to jurisdiction alleged as follows: “Your…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) We are compelled to reverse and remand this case because the jurisdiction of the circuit court does not appear of record. Telephone Co. v. Robinson, 1 C. C. A. 91, 48 Fed. Rep. 769. As, however, we are advised that by proper amendment the jurisdiction can be shown, we deem it proper, in view of a new trial, to shortly consider the assignments of error.
The first charge asked by the plaintiff in error and refused by the court was, in effect, equivalent to asking the court to instruct the jury to find for the defendant. The transcript purports to…
2Cases cited5 opinions
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- H. & T. C. R'y Co. v. RiderTexas Supreme Court · 1884
- Dallas v. G., Col. & S. F. R'y Co.Texas Supreme Court · 1884
- M. P. R'y Co. v. WattsTexas Supreme Court · 1885
- Southwestern Telegraph & Telephone Co. v. RobinsonCourt of Appeals for the Fifth Circuit · 1891
3Cited by13 opinions
- Reed v. StockmeyerCourt of Appeals for the Seventh Circuit · 1896
- Mississippi River Logging Co. v. SchneiderCourt of Appeals for the Seventh Circuit · 1896
- Detroit Crude-Oil Co. v. GrableCourt of Appeals for the Sixth Circuit · 1899
- Peirce v. ClavinCourt of Appeals for the Seventh Circuit · 1897
- American Sugar-Refining Co. v. JohnsonCourt of Appeals for the Fifth Circuit · 1893
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