Legal Opinion

Atchison, T. & S. F. RY. CO. v. Drayton

Court of Appeals for the Eighth Circuit

Decided August 3, 1923No. 6323PublishedCited by 4 opinions

1Opinion of the Court

STONE, Circuit Judge.

On the ground of diversity of citizenship this case was removed to the federal court and from a judgment for $17,306, this writ of error is sued out by the railway. At the close of all the evidence, each party requested a peremptory charge. The *16action of the court in denying the request of the railway and giving that of Drayton has, under the pleadings and evidence in this case and the long-established federal practice, removed from our consideration all errors which are here sought to be presented except the attack upon the jurisdiction of the court.

The petition was…

2Cases cited23 opinions

  1. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  2. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  3. Quesenberry v. People's Building, Loan & Savings Ass'nWest Virginia Supreme Court · 1898
  4. Ivanusch v. Great Northern Ry. Co.South Dakota Supreme Court · 1910
  5. Stone v. Travelers InsuranceSupreme Court of Missouri · 1883

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3Cited by4 opinions

  1. Southern Pac. Co. v. KlingeCourt of Appeals for the Tenth Circuit · 1933
  2. Grosc v. BredthauerNebraska Supreme Court · 1939
  3. Pollard v. LarsonNebraska Supreme Court · 1927
  4. Mutzig v. HopeOregon Supreme Court · 1945

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