Hennessy v. Chicago, B. & Q. Ry. Co.
Wyoming Supreme Court
Error to District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. Action by William C. Hennessy against the Chicago, Burlington & Quincy Railway Company and another to recover damages for personal injuries. Judgment for defendants on the pleadings dismissing the action and plaintiff brings error. The facts are stated in the opinion. The judgment sustaining the demurrer in the federal court was not a decision upon the merits.
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Error to District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. Action by William C. Hennessy against the Chicago, Burlington & Quincy Railway Company and another to recover damages for personal injuries. Judgment for defendants on the pleadings dismissing the action and plaintiff brings error. The facts are stated in the opinion. The judgment sustaining the demurrer in the federal court was not a decision upon the merits. This action involves new and additional facts, there being no similarity between them; • only the merits of the facts set forth in a petition are admitted by a…
1Opinion of the Court
Beard, Justice.
' The plaintiff in error brought this action against the defendants in error to recover damages on account of a personal injury alleged to have been caused by the negligence of defendants. The defendants pleaded former adjudication, and it was stipulated by and between the parties that the questions whether or not the cause of action set forth in the second amended petition in the former action is the same as the cause of action set forth in the petition in this case, and whether or not the judgment in the former case was on the merits, should be submitted to the court and…
2Cases cited11 opinions
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Anderson v. West Chicago Street RailroadIllinois Supreme Court · 1902
- Godschalck v. WeberIllinois Supreme Court · 1910
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
- Lamb v. McConkeySupreme Court of Iowa · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Panos v. Great Western Packing Co.California Supreme Court · 1943
- Rialto Theatre, Inc. v. Commonwealth Theatres, Inc.Wyoming Supreme Court · 1986
- Badger Dome Oil Co. v. HallamCourt of Appeals for the Eighth Circuit · 1938
- Davis v. DavisWyoming Supreme Court · 1941
- Atlas Realty Co. v. RowrayWyoming Supreme Court · 1937
5 more not listed; retrieve them via the Exa API.