McKell v. Chesapeake & O. Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by Jean D. McKell, as administratrix of the estate of Thomas G. McKell, deceased, against the Chesapeake & Ohio Railway Company. Judgment for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Southern District of Ohio. Action by Jean D. McKell, as administratrix of the estate of Thomas G. McKell, deceased, against the Chesapeake & Ohio Railway Company. Judgment for defendant, and plaintiff brings error. Thomas G. McICell, since deceased, and of whose estate the plaintiff in error has, during the progress of this suit, been appointed adminstratrix, commenced this action in the court of common pleas for Scioto county, in the state of Ohio, to recover damages for the alleged breach by the defendant, the Chesapeake & Ohio…
1Opinion of the CourtSeverens, Circuit Judge
(after stating the facts as above). It appears from the bill of exceptions that the presiding judge delivered an opinion in which he stated the grounds and reasons upon which he concluded that the plaintiff was not entitled to recover. This opinion is set forth therein, and shows that it was based upon a construction of the contract altogether different from that alleged in the petition. Taking it to be true that there was some kind of contract made, by the correspondence, he held that it extended only to such coal and coke as McKell hjmself should produce in a plant to be established on his…
2Cases cited5 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
- Western Union Telegraph Co. v. Pennsylvania Co.Court of Appeals for the Third Circuit · 1904
- Mississippi River Logging Co. v. RobsonCourt of Appeals for the Eighth Circuit · 1895
- Robson v. Mississippi River Logging Co.U.S. Circuit Court for the District of Northern Iowa · 1890
3Cited by32 opinions
- State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929
- Burkle v. Superflow Manufacturing Co.Supreme Court of Connecticut · 1951
- East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
- Southern Bell Telephone and Telegraph Company v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1968
- Chesapeake & O. R. v. McKellCourt of Appeals for the Sixth Circuit · 1913
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