Franklin Brass Co. v. Phoenix Assur. Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of Virginia. This was an action by the Franklin Brass Company against the Phoenix Assurance Company of London upon a policy of insurance. On the first trial, in the circuit court, a verdict and judgment were rendered for the plaintiff, which, on appeal to the circuit court of appeals, was reversed. 7 O. C. A. 144, 58 Fed. 166. On the second \ trial the court directed a verdict for the defendant.
1Opinion of the Court
GOFF, Circuit Judge.
This is the second time this case has been before this court, and the facts are sufficiently set forth in the opinion at October term, 1893, reported in 7 C. C. A. 144, 58 Fed. 166, and 8 U. S. App. 451. The judgment then complained of was reversed, and the cause remanded for a new trial. At the March term, 1894, of the circuit court for the Western district of Virginia, held at Lynchburg, it was again tried, and the jury, by direction of the court, returned a verdict for the defendant. The court refused to give the several instructions to the jury, asked for by the…
2Cases cited14 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Pleasants v. FantSupreme Court of the United States · 1875
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
- People's Bank of Greenville v. Aetna Ins.Court of Appeals for the Fourth Circuit · 1896
- Chapman v. Yellow Poplar Lumber Co.Court of Appeals for the Fourth Circuit · 1898
- Ragsdale v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1903
- Turnbull v. RossCourt of Appeals for the Fourth Circuit · 1905
2 more not listed; retrieve them via the Exa API.