St. Louis & S. F. R. v. Herr
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Mississippi. Action by W. A. Herr, administrator, against the St. Louis & San Francisco Railroad Company. There was a judgment for plaintiff, and defendant bring? error.
1Opinion of the Court
SHELBY, Circuit Judge.
[1] 1. When this case was in this court before, a statement of the facts was made by the court. 174 Fed. 938-940, 98 C. C. A. 550. The facts developed on the second trial-do not differ materially from the evidence offered on the first.
The following excerpt from the opinion on the former trial shows the question that we held should have been submitted to the jury:
“For the purposes of this decision we may assume — a fact that we do not decide — that the evidence was sufficient to justify the court in holding, or the jury in finding, that Herr was negligent in his conduct.…
2Cases cited11 opinions
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Texas & P. Ry. Co. v. LaceyCourt of Appeals for the Fifth Circuit · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bixler v. Pennsylvania R.District Court, M.D. Pennsylvania · 1913
- In re GriggsCourt of Appeals for the Eighth Circuit · 1916
- Alpert v. WolfDistrict of Columbia Court of Appeals · 1950
- Goldwyn Pictures Corp. v. Howells Sales Co.District Court, S.D. New York · 1922
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1939
1 more not listed; retrieve them via the Exa API.