Railroad Co. v. Trook
Supreme Court of the United States
Motion to dismiss a writ of error to the Supreme Court of the District of Columbia. Trook, in an action in the court below against the Baltimore and Potomac Railroad Company, recovered judgment, Feb. 19, 1877, for $4,000 and costs of suit. A motion for a new trial was then made on exceptions taken during the progress of the cause, and on account of excessive damages. Trook entered a remittitur of $1,500, and the judgment-was ultimately affirmed at a .hearing in general term.
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Motion to dismiss a writ of error to the Supreme Court of the District of Columbia. Trook, in an action in the court below against the Baltimore and Potomac Railroad Company, recovered judgment, Feb. 19, 1877, for $4,000 and costs of suit. A motion for a new trial was then made on exceptions taken during the progress of the cause, and on account of excessive damages. Trook entered a remittitur of $1,500, and the judgment-was ultimately affirmed at a .hearing in general term. The company then removed the case here by writ of error, which Trook moves to dismiss, on the ground that this court,…
1Opinion of the Court
Mr. Chief Justice Waite.delivered thé opinión of the court.
In cases .brought here-by writ of error for the re-examinar. tion of judgments of affirmance in- the Supreme Court of the District of Columbia,, the value of' the. matter in dispute is determined by the judgment affirmed without -adding interest or costs. The judgment in this case, after the $1,500 had been remitted to avoid a new trial, did not exceed $2,500. Such being the case, under the rule established in Railroad Company v. Grant (98 U. S. 398), our jurisdiction has been taken away.
The motion to dismiss .will. be granted, each…
2Cases cited1 opinion
- Railroad Co. v. GrantSupreme Court of the United States · 1879
3Cited by8 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Schwyhart v. BarrettSupreme Court of Missouri · 1909
- District of Columbia v. GannonSupreme Court of the United States · 1889
- Richmond v. BrummieSupreme Court of Kansas · 1893
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