Legal Opinion

Cincinnati, Hamilton & Dayton Railroad v. Thiebaud

Supreme Court of the United States

Decided May 14, 1900No. Nos. 259, 271PublishedCited by 9 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The certificate in No. 259 reads as follows: “ This was an action brought by Benj. F. Thiebaud, a citizen of Indiana, as administrator of Chris.

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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. The certificate in No. 259 reads as follows: “ This was an action brought by Benj. F. Thiebaud, a citizen of Indiana, as administrator of Chris. Sweetman, deceased, appointed by the Circuit Court of Fayette County, Indiana, against the C., H. and D. R. R. Co., a corporation and citizen of Ohio, to recover damages for the wrongful death of said Chris. Sweetman, who, while employed as a locomotive engineer by said'company, on an engine drawing…

1Opinion of the Court

Mr. Chief Justioe Fuller

delivered the opinion of the court.

When our jurisdiction is invoked under section 5 of the judiciary act of March 3, 1891, c. 517, on the ground that the case falls within the fourth, fifth or sixth of the classes of cases therein enumerated, it must appear that a title, right, privilege or immunity was claimed under the Constitution, and a definite issue in respect to the possession of the .right must be distinctly deducible from the record ; or that the constitutionality of the particular law or the validity or construction of the particular treaty was necessarily…

2Cases cited10 opinions

  1. Holt v. Indiana Manufacturing Co.Supreme Court of the United States · 1900
  2. New Orleans v. BenjaminSupreme Court of the United States · 1894
  3. United States v. JahnSupreme Court of the United States · 1894
  4. Robinson v. CaldwellSupreme Court of the United States · 1897
  5. Miller v. Cornwall RailroadSupreme Court of the United States · 1897

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3Cited by9 opinions

  1. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  2. Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
  3. Paraiso v. United StatesSupreme Court of the United States · 1907
  4. United States v. LarkinSupreme Court of the United States · 1908
  5. Watkins v. KingCourt of Appeals for the Fourth Circuit · 1902

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