Wright v. Southern Exp. Co.
District Court, W.D. Tennessee
Action by Florence H. Wright against the Southern Express Company. This is an action for damages for personal injuries alleged to have beensustained in a struggle between tne plaintiff and the defendant’s agent over a parrot in its cage, constructed of wooden strips tacked together with nails, such as is commonly used in shipping birds. It had come from Nicaragua, consigned by a brother to his sister, Mrs. Williams.
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Action by Florence H. Wright against the Southern Express Company. This is an action for damages for personal injuries alleged to have beensustained in a struggle between tne plaintiff and the defendant’s agent over a parrot in its cage, constructed of wooden strips tacked together with nails, such as is commonly used in shipping birds. It had come from Nicaragua, consigned by a brother to his sister, Mrs. Williams. The plaintiff, being a sister of the consigner and consignee, had heard, according to her story, that the bird was to be sold for charges, delivery to the consignee having been…
1Opinion of the CourtHammond, J.
(after stating the facts). Being dissatisfied with the verdict, which on the proof was not expected by the court, and at the same time seriously averse to interfering with the right of trial by jury merely because the court is disappointed by the verdict, the ground of newly-discovered testimony offers a plausible and somewhat tempting excuse to direct a new trial. If, however, that were the only ground, it would be refused, for the proof offered does not at all justify a new trial for that reason, when we carefully scrutinize it. It may be doubtful if there has been any judicial adjudication…
2Cases cited4 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Shipp's Adm'r v. Suggett's Adm'rCourt of Appeals of Kentucky · 1848
- Carr v. GaleU.S. Circuit Court for the District of Maine · 1853
3Cited by13 opinions
- Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
- Estate of BainbridgeCalifornia Supreme Court · 1915
- Serles v. SerlesOregon Supreme Court · 1899
- State v. SimesIdaho Supreme Court · 1906
- Viles v. Prudential Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1939
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