Partee v. St. Louis & S. F. R. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Action by Louis F. Partee, administrator, etc., against the St. Louis & San Francisco Railroad Company, a corporation. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an action for the death of William McCain, which is alleged to have been caused by the wrongful act of the St. Louis & San Francisco Railroad Company. The action was not commenced within two years after the wrongful act- or the death; but the plaintiff had commenced a similar action within the two years, had failed in that action otherwise than upon the merits, and had commenced this action within one year after the failure. He set forth these facts in his pleading, and the court below sustained a demurrer to it, and dismissed the action. This ruling is assigned…
2Cases cited17 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Pollard v. BaileySupreme Court of the United States · 1874
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Atchison, Topeka & Santa Fe Railway Co. v. SowersSupreme Court of the United States · 1909
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3Cited by43 opinions
- Scarborough v. Atlantic Coast Line R. CoCourt of Appeals for the Fourth Circuit · 1949
- Bement v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1916
- Shawnee Gas & Electric Co. v. MotesenbockerSupreme Court of Oklahoma · 1913
- Regie De L'Assurance Automobile Du Quebec v. JensenSupreme Court of Minnesota · 1987
- Smith v. TomanIllinois Supreme Court · 1938
38 more not listed; retrieve them via the Exa API.