Norfolk & W. Ry. Co. v. United States
Court of Appeals for the Fourth Circuit
Crossr-Writ of Error to the District Court of the United States for the Western District of Virginia, at Eynchburg. Action by the United States of America against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error, and plaintiff sues out a cross-writ of error. This was an action of debt brought by the United States to recover penalties authorized by the safety appliance act. The declaration contained nine counts.
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Crossr-Writ of Error to the District Court of the United States for the Western District of Virginia, at Eynchburg. Action by the United States of America against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error, and plaintiff sues out a cross-writ of error. This was an action of debt brought by the United States to recover penalties authorized by the safety appliance act. The declaration contained nine counts. Upon trial in the court below the plaintiff abandoned its claim to recover under the second count and dismissed it. Of the remaining counts,…
1Opinion of the Court
DAYTON*. District Judge
(after stating the facts as above). Neither in brief nor oral argument has the cross-writ of error sued out by the United States been discussed by counsel. It may be assumed to have been abandoned, but, whether this be true or not, an examination of the record and the alleged errors assigned by it has fully convinced us that its grounds are without merit and it will be dismissed. Counsel for both sides in oral argument and in the very able briefs filed by them have reduced the errors assigned to five propositions.
First. Should the demurrer to the declaration have been…
2Cases cited28 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. Colorado & N. W. R. Co.Court of Appeals for the Eighth Circuit · 1907
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago, B. & Q. R. v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Southern Ry. Co. v. SnyderCourt of Appeals for the Sixth Circuit · 1911
- Qualls v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1931
- Rich v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Texas & P. Ry. Co. v. BaldwinCourt of Appeals of Texas · 1930
4 more not listed; retrieve them via the Exa API.