Cleveland, C., C. & St. L. Ry. Co. v. Zider
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois.' Action by Alcinda O. Zider, administratrix of the estate of Henry A. Zider, deceased, against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, for causing the death of plaintiff’s intestate.
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In Error to the Circuit Court of the United States for the Southern District of Illinois.' Action by Alcinda O. Zider, administratrix of the estate of Henry A. Zider, deceased, against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, for causing the death of plaintiff’s intestate. This was ’an action by the defendant in error against the plaintiff in error for the benefit of tbe widow and minor children of the intestate, whose death is alleged to have been caused by the negligent and wrongful acts of the servants of (lie railway company. Th(' action was commenced in the circuit…
1Opinion of the CourtWoods, Circuit Judge
(sifter making the foregoing statement). The objections to the instructions given cannot be considered, because the proper exception was not taken.
And under the decisions in Beaver v. Taylor, 99 U. S. 46, and Worthington v. Mason, 101 U. S. 149, the objection seems to be well made that the exception to the refusal of instructions is not available, because a series of propositions was submitted as one request, and no exception taken to the refusal of any one of them severally. According to the bill of exceptions, "each and all of the requested instructions the court refused to give, to which…
2Cases cited2 opinions
- United States v. AmesSupreme Court of the United States · 1879
- Worthington v. MasonSupreme Court of the United States · 1880
3Cited by1 opinion
- Vider v. O'BrienCourt of Appeals for the Seventh Circuit · 1894