St. Louis S. W. Ry. Co. v. Henson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Statement by CALDWELL, Circuit Judge: H. M. Henson, the defendant in error and plaintiff below, brought this suit in the circuit court of the United States for the eastern district of Arkansas against the St. Louis Southwestern Railway Company, the plaintiff in error, to recover damages for the alleged negligent killing of his wife by the railway company, while she was traveling in a…
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. Statement by CALDWELL, Circuit Judge: H. M. Henson, the defendant in error and plaintiff below, brought this suit in the circuit court of the United States for the eastern district of Arkansas against the St. Louis Southwestern Railway Company, the plaintiff in error, to recover damages for the alleged negligent killing of his wife by the railway company, while she was traveling in a boarding car attached to one of Us trains. There was a trial before a jury, and a verdict and judgment for the plaintiff,…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the facts as above, delivered tbe opinion of the court
*532It is said in the brief of the learned counsel for the plaintiff in error that the plaintiff “had no legal right or capacity to institute this suit in his own name. Consequently, having no legal capacity to sue, the objections to the testimony of each of the witnesses offered at the proper time by the plaintiff in error should have been sustained, and no such evidence was legal' under the complaint.” But no such objection to the admission of the testimony was made in the lower court. The bill of…
2Cited by25 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Board of Com'rs v. SutliffCourt of Appeals for the Eighth Circuit · 1899
- Lincoln v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
- McCandless v. FurlaudSupreme Court of the United States · 1934
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