Legal Opinion

Stewart v. Baltimore & Ohio Railroad

Supreme Court of the United States

Decided December 6, 1897No. 97PublishedCited by 201 opinions

ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ON October 22,1894, plaintiff in error as plaintiff filed in the Supreme Court of the District of Columbia an amended declaration containing two counts.

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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. ON October 22,1894, plaintiff in error as plaintiff filed in the Supreme Court of the District of Columbia an amended declaration containing two counts. The first alleged that John Andrew Casey,- plaintiff’s intestate, was killed through the negligence of the defendant company, in the State of Maryland ; that said intestate left surviving no parent or child but only his wife, Alice Triplett Casey, for whose benefit this action was brought. The second count set forth in addition to the matters disclosed in the first a statute of the…

1Opinion of the CourtJustice Bkewek

The Court of Appeals was of opinion that the action could not be maintained under the statute of the District of Columbia, because that authorizes recovery only in. case the injury causing death is done within the limits of the District, nor under the Maryland statute because of 'the peculiar form of remedy prescribed therein, citing in support of the latter contention Pollard v. Bailey, 20 Wall. 520. . A statute of Alabama made stockholders of a bank individually liable for its debts, and according to the construction given to it by the Supreme Court of the State the remedy provided was a…

2Cases cited10 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  3. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  4. Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
  5. Pollard v. BaileySupreme Court of the United States · 1874

5 more not listed; retrieve them via the Exa API.

3Cited by201 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  3. Slater v. Mexican National RailroadSupreme Court of the United States · 1904
  4. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  5. Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898

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