Boston & Maine Railroad v. Gokey
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The plaintiff below, who is respondent in this court, was in the service of the railroad company, petitioner, and in November, 1901, was injured by being knocked off a freight, car at a place called Lyndon, in the county of Caledonia and District of Vermont.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The plaintiff below, who is respondent in this court, was in the service of the railroad company, petitioner, and in November, 1901, was injured by being knocked off a freight, car at a place called Lyndon, in the county of Caledonia and District of Vermont. The car was one of a freight train moving in the railroad yard and the plaintiff was struck, while on his car attending to the brake, by some portion of the iron switch staff,' alleged to have been negligently built too high, and too near the railroad track. The injury…
1Opinion of the CourtJustice Peckham
The defendant endeavored in the Circuit Court to raise the jurisdictional question arising from the alleged defectivé form and also from the alleged defective manner of service of the writ. It moved to dismiss the writ on account of its form, and pleaded in abatement that the service of the writ was not sufficient, and that the court obtained no jurisdiction over the defendant by reason of such defective service. When the court denied its motion to dismiss and overruled its demurrer-to the replication to its plea in abatement, defendant then filed its plea to the merits and went to trial, and…
2Cases cited4 opinions
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
- Board of Trade v. Hammond Elevator Co.Supreme Court of the United States · 1905
- Shepard v. AdamsSupreme Court of the United States · 1898
- American Sugar Refining Co. v. New OrleansSupreme Court of the United States · 1901
3Cited by24 opinions
- Underground Electric Rys. Co. of London v. OwsletCourt of Appeals for the Second Circuit · 1909
- United States v. Van DusenCourt of Appeals for the Eighth Circuit · 1935
- A. J. Phillips Co. v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1912
- Blandin v. OstranderCourt of Appeals for the Second Circuit · 1917
- Meade Fibre Co. v. VarnCourt of Appeals for the Fourth Circuit · 1925
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