Kerr-Murray Mfg. Co. v. Hess
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was an action in tbe trial court by an employs against an employer for personal injuries. In this court tbe position of tbe parties is reversed. The Kerr-Murray Manufacturing Company,, tbe defendant below, is tbe plaintiff in error here, and is seeking to reverse a judgment which was recovered against it at nisi prius.
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In Error to the Circuit Court of the United States for the District of Nebraska. This was an action in tbe trial court by an employs against an employer for personal injuries. In this court tbe position of tbe parties is reversed. The Kerr-Murray Manufacturing Company,, tbe defendant below, is tbe plaintiff in error here, and is seeking to reverse a judgment which was recovered against it at nisi prius. Tbe facts, as disclosed by the record, are substantially as follows: Tbe defendant company is an Indiana corporation, and on November 25, 1897, was engaged in building an iron or steel gas…
1Opinion of the CourtThayer, Circuit Judge
The defendant company complains in the first instance that the trial judge was guilty of a gross abuse of his discretionary power in refusing to grant the defendant a continuance, but this complaint is without any adequate foundation. When the case was called for trial, the defendant’s attorney presented an affidavit for a continuance which stated, in substance, that the defendant company could not safely go to trial because John Loose, its most important witness, was sick at his home at Ft. Wayne, Ind. The plaintiff’s attorney thereupon consented that counsel for the defendant might make a…
2Cases cited16 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
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3Cited by9 opinions
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- City of Denver v. PorterCourt of Appeals for the Eighth Circuit · 1903
- Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915
- Duff v. Willamette Steel WorksOregon Supreme Court · 1904
- Texas & P. Ry. Co. v. HumbleCourt of Appeals for the Eighth Circuit · 1899
4 more not listed; retrieve them via the Exa API.