Middleton v. P. Sanford Ross, Inc.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Action by Mrs. Annie Middleton against P. Sanford Ross, Incorporated. Judgment (202 Fed. 799) for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Action by Mrs. Annie Middleton against P. Sanford Ross, Incorporated. Judgment (202 Fed. 799) for defendant, and plaintiff brings error. The material allegations of the first count of the petition are as follows: That P. Sanford Ross, Incorporated, is a New Jersey corporation, having an agent, office, and place of business in Chatham county; Ga.; that the petitioner is the widow of Edwin Middleton, of Chatham county, Ga., lately deceased, and claims damages from the said P. Sanford…
1Opinion of the CourtSpielby, Circuit Judge
(after stating the facts as above). This is an action under section 4424 of the Georgia Code, brought by Mrs. Annie Middleton, a citizen of Georgia, against P. Sanford Ross, Incorporated, a New Jersey corporation, for damages for negligently causing the death of Edwin Middleton, her husband. The court below sus*9tained a general demurrer to the petition (202 Fed. 799), and that ruling is assigned as error.
The decisions cited by the trial court (Armour v. Hahn, 111 U. S. 313, 4 Sup. Ct. 433, 28 L. Ed. 440, and Kreigh v. Westinghouse, Church, Kerr & Co., 152 Fed. 120, 81 C. C. A. 338, 11 L. R. A.…
2Cases cited10 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Armour v. HahnSupreme Court of the United States · 1884
- Huey v. City of AtlantaCourt of Appeals of Georgia · 1911
- Butler v. Lewman & Co.Supreme Court of Georgia · 1902
- Pioneer S. S. Co. v. McCannCourt of Appeals for the Sixth Circuit · 1909
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3Cited by19 opinions
- Fred Howland, Inc. v. MorrisSupreme Court of Florida · 1940
- Flint River Cotton Mills v. ColleyCourt of Appeals of Georgia · 1944
- Swift & Co. v. SchusterCourt of Appeals for the Tenth Circuit · 1952
- Hozian v. Crucible Steel Casting Co.Ohio Supreme Court · 1937
- Grillo v. Royal Norwegian GovernmentCourt of Appeals for the Second Circuit · 1943
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