Metropolitan St. Ry. Co. v. Gumby
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This is a writ of error to review a judgment of the circuit court, Southern district of New York, in favor of Anne G-umby, defendant in error, who was plaintiff below.
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In Error to the Circuit Court of the United States for the Southern District of New York. This is a writ of error to review a judgment of the circuit court, Southern district of New York, in favor of Anne G-umby, defendant in error, who was plaintiff below. The judgment was based upon a verdict against defendant below awarding damages for loss of services of plaintiffs son, George Gumby, a child 5 years of age at the time of the accident, who was injured by one of defendant’s cars May 22, 1897. The facts sufficiently appear in the opinion.
1Opinion of the Court
LACOMBE, Circuit Judge.
All assignments of error, save one, were abandoned by plaintiff in error upon the argument, and that one only need he discussed. One of the eyewitnesses of the accident was Macon Lyons. He was dead at the time of the trial of the cause at bar, but had testified with great fullness to what he saw of the accident, upon the trial of an action brought by Elizabeth Clayton, grandmother of George Gumby, as guardian ad litem, against the same defendant, to recover for pain and suffering, and for any permanent loss of ability to work, caused by the accident. After introducing…
2Cases cited12 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Goodlett v. KellySupreme Court of Alabama · 1883
- Kreuger v. SylvesterSupreme Court of Iowa · 1897
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3Cited by18 opinions
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- Mid-City Bank & Trust Co. v. Reading Co.District Court, D. New Jersey · 1944
- Wolf v. United Air Lines, Inc.District Court, M.D. Pennsylvania · 1951
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