Carolina, C. & O. Ry. Co. v. Mumpower
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. Action at law by J, W. Mumpower against the Carolina, Clinch-field & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WARRINGTON, Circuit Judge.
This was an action for personal injuries. The declaration contained two counts. The first was based upon the Tennessee statute exacting precautions of railway companies, and the second was the usual common-law count. Three pleas were interposed: First, the statute of limitations; second, not guilty; third, contributory negligence. Eater the plaintiff was permitted to amend his declaration by alleging, among other things, that after the occurrence of the accident described in the original declaration he brought a suit at law in a state court of Tennessee against the…
2Cases cited7 opinions
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Gormley v. BunyanSupreme Court of the United States · 1891
- Sinnott v. RailroadTennessee Supreme Court · 1900
- Railroad v. CargilleTennessee Supreme Court · 1900
- German Bank v. HallerTennessee Supreme Court · 1899
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3Cited by1 opinion
- United States v. KnottCourt of Appeals for the Sixth Circuit · 1934