Nickell v. Kansas City, St. Louis & Chicago Railroad

This is an action by a minor plaintiff by next friend to recover statutory damages for the death of his father caused by the alleged negligence of the receivers, appointed by a United States Court, operating the railroad of the Chicago Alton Railroad Company, which said railroad company was the lessee of defendant's railroad. The jury returned a verdict for $2,000, and after an unsuccessful motion for a new trial, defendant appealed from the judgment entered on the verdict.

Defendant asserts jurisdiction in this court, and grounds its right of appeal here on the postulate that a constitutional…