Stark Electric R. v. McGinty Contracting Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Northern District of Ohio; John M. Killits, Judge. Action by the McGinty Contracting Company against the Stark Electric Railroad Company. There was a judgment for plaintiff, and defendant brings error./
1Opinion of the Court
KNAPPEN, Circuit Judge.
The defendant in error (hereinafter, called plaintiff) sued plaintiff in error (whom we shall call defendant), together with the Interurban Construction Company, for breach of a contract by which plaintiff agreed to do certain grading for the construction of an extension of defendants’ line from its terminus at Sebring, Ohio, to Salem, Ohio. At the conclusion of the testimony, taken on a trial by jury, plaintiff was required to elect as to which defendant it would prosecute, and elected to proceed against the railroad .company. Plaintiff had verdict and judgment, and…
2Cases cited21 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Joseph R. Foard Co. v. Maryland ex rel. GoralskiCourt of Appeals for the Fourth Circuit · 1914
- Lumber Co. v. WardWest Virginia Supreme Court · 1887
- McDonald v. RailroadTennessee Supreme Court · 1893
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
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3Cited by22 opinions
- Consolidated Rock Products Co. v. Du BoisSupreme Court of the United States · 1941
- Fisser v. International BankCourt of Appeals for the Second Circuit · 1960
- Herman v. Mobile Homes Corp.Michigan Supreme Court · 1947
- Mull v. Colt Co.District Court, S.D. New York · 1962
- New York Trust Co. v. CarpenterCourt of Appeals for the Sixth Circuit · 1918
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