Hines v. Smith
Court of Appeals for the Sixth Circuit
In Error from the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhavfer, Judge. Action by Kathryn McE. Smith, administratrix of George J. Smith, deceased, against the Erie Railroad Company, in which the Director General of Railroads and later Walker D. Hines, Agent under Designation of the President, were substituted as defendants. Judgment for plaintiff, and the last-named defendant brings error.
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In Error from the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhavfer, Judge. Action by Kathryn McE. Smith, administratrix of George J. Smith, deceased, against the Erie Railroad Company, in which the Director General of Railroads and later Walker D. Hines, Agent under Designation of the President, were substituted as defendants. Judgment for plaintiff, and the last-named defendant brings error. This proceeding in error is brought in this court'-to reverse the judgment of the District Court, Northern District of Ohio, Eastern…
1Opinion of the CourtDonahue, Circuit Judge
(after stating the facts as above). [1] It is clear that the order substituting the Director General as defendant was not erroneous. Northern Pacific Railroad Co. et al. v. North Dakota ex rel., 250 U. S. 135, 39 Sup. Ct. 502, 63 L. Ed. 897; Erie Railroad Co. et al. v. Frank Caldwell, 264 Fed. 947 (C. C. A. 6). The claim is now made that, notwithstanding the Director General of Railroads was the proper defendant and should have been substituted, the substitution ivas made at an improper time, to the surprise and disadvantage of the substituted defendant.
[2] It appears from the bill of…
2Cases cited12 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Pugh v. Bluff City Excursion Co.Court of Appeals for the Sixth Circuit · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Therese A. Farber v. Massillon Board of EducationCourt of Appeals for the Sixth Circuit · 1990
- Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- Spero-Nelson v. BrownCourt of Appeals for the Sixth Circuit · 1949
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
17 more not listed; retrieve them via the Exa API.