Toledo, St. L. & W. R. v. Howe
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action at law by Willis R. Howe, administrator of the estate of Silas L- Hollopeter, deceased, against the Toledo, St. Louis & Western Railroad Company. Judgment for plaintiff, and defendant brings error. Action by administrator for damages for alleged wrongful death.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. Action at law by Willis R. Howe, administrator of the estate of Silas L- Hollopeter, deceased, against the Toledo, St. Louis & Western Railroad Company. Judgment for plaintiff, and defendant brings error. Action by administrator for damages for alleged wrongful death. Silas L. Hollopeter, 21 years of age, industrious and in good health, had been in the employment of the railroad company as brakeman for several days prior to the day of the accident which resulted in his immediate death. He took care of his…
1Opinion of the CourtHollister, District Judge
(after stating the facts as above). Counsel for defendant, complying with rule 24 (150 Fed. xxxiii, 79 *780C. C. A. xxxiii) of this court, sets out in his brief the errors relied on by him :(1) Error in overruling plaintiff in error’s motion for a peremptory instruction.(2) Error in closing argument of counsel for defendant in error.(3) The verdict and judgment are against the law and the evidence.
[1] By the third alleged error relied on, defendant would have this court review the evidence to ascertain whether the verdict was against the evidence or not. .To determine that question, it would, of…
2Cases cited43 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
38 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sargent v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1940
- Davlin v. Henry Ford & Son, Inc.Court of Appeals for the Sixth Circuit · 1927
- Sparks v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- Richards v. H. K. Mulford Co.Court of Appeals for the Sixth Circuit · 1916
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
18 more not listed; retrieve them via the Exa API.