Worthington v. McGough
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Northern District of Ohio. Action by Peter McGough, as administrator of the estate of Peter Fulirman, against B. A. Worthington, as receiver of the Wheeling & Lake Erie Railroad Company. Prom an order granting- plaintiff's motion for a nonsuit before submission, defendant brings error.
1Opinion of the Court
DENISON, Circuit Judge.
The action below was brought by-the administrator, as plaintiff, against the receiver, as defendant, and we will refer to the parties according to their positions in the trial court. The plaintiff sought damages for the death of his decedent, caused, as plaintiff claimed, by defendant’s negligence. At the close of plaintiff’s evidence, the defendant moved for a directed verdict. After argument, the judge announced his intention to sustain the motion. Then the plaintiff moved to withdraw a j uror, in order that he might have an opportunity to dismiss the cause and bring…
2Cases cited2 opinions
- Knight v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1910
- Chicago, R. I. & P. Ry. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1911
3Cited by5 opinions
- Chicago Great Western R. v. ValleyCourt of Appeals for the Eighth Circuit · 1916
- Maxwell v. RicksCourt of Appeals for the Ninth Circuit · 1923
- Prudential Ins. Co. of America v. StackCourt of Appeals for the Fourth Circuit · 1932
- Massachusetts Fire & Marine Ins. v. SchmickCourt of Appeals for the Eighth Circuit · 1932
- Bainum v. Patton, Court of Common Pleas of Ohio, Hamilton County1968