Whittle v. St. Louis & S. F. Ry. Co.
U.S. Circuit Court for the District of Western Arkansas
On Motion by Plaintiffs for Leave to Continue Suit as Poor Persons. In 1893 this action was instituted to recover damages for the death of the husband and father of plaintiffs.
Read the full summary
On Motion by Plaintiffs for Leave to Continue Suit as Poor Persons. In 1893 this action was instituted to recover damages for the death of the husband and father of plaintiffs. A trial was had, and a judgment entered on the verdict of a jury for the sum of $8,000. The canse being removed by writ of error to the United States circuit court of appeals for this circuit, that court reversed the judgment of the eourt below; the majority of the court holding: “The circuit court erred, we think, in refusing, upon the testimony contained in this record, to charge the jury, as it was requested to do,…
1Opinion of the CourtTriebeb, District Judge
(after stating the facts). The act of congress of July 20, 1892 (27 Stat. 252), provides;
“Any citizen of the United States, entitled to commence any suit or action in any court of the United States, may commence and prosecute to conclusion any such suit or action without being required to prepay fees or costs, or give security therefor before or after bringing suit or action, upon filing’ in said court a statement under oath, in writing, that, because of his poverty, lie is unable to pay the costs of said suit or action which he is about to commence, or to give security for the same, and that…
2Cases cited3 opinions
- Brinkley v. Louisville & N. R. Co.U.S. Circuit Court for the District of Western Tennessee · 1899
- Whelan v. Manhattan Ry. Co.U.S. Circuit Court for the District of Southern New York · 1898
- Columb v. Webster Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1896
3Cited by11 opinions
- Higgins v. SteeleCourt of Appeals for the Eighth Circuit · 1952
- Edmond C. Fletcher v. Courtney R. Young and Eleanor M. Young, His WifeCourt of Appeals for the Fourth Circuit · 1955
- Gilmore v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- Johnson v. HunterCourt of Appeals for the Tenth Circuit · 1944
- Smith v. JohnstonCourt of Appeals for the Ninth Circuit · 1940
6 more not listed; retrieve them via the Exa API.