Chesapeake & O. R. v. McKell
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Southern District of • Ohio; Howard H. Hollister, Judge. Action at law by Jean D. McKell, administratrix, -against the Chesapeake and Ohio Railroad Company. Judgment for plaintiff, and der fendant brings 'error.
1Opinion of the Court
DENISON, Circuit Judge.
Upon the first trial of this case, judgment was entered for defendant (the railway company) upon an instructed verdict. This court reversed the judgment and ordered a new trial. Our former opinions (on first hearing, 175 Fed. 321, 99 C. C. A. 109, 20 Ann. Cas. 1097, on rehearing, 186 Fed. 39, 108 C. C. A. 141) sufficiently state the nature and history of the controversy. Upon the new trial thus awarded, the District Court instructed the jury that the making of the contract, its validity, and its breach were established as matter of law, and left for the consideration of…
2Cases cited14 opinions
- Messenger v. AndersonSupreme Court of the United States · 1912
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Jones v. HabershamSupreme Court of the United States · 1883
- Beuttell v. MagoneSupreme Court of the United States · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Saalfield Pub. Co. v. G. & C. Merriam Co.Court of Appeals for the Sixth Circuit · 1917
- United Dredging Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1930
- Luminous Unit Co. v. Freeman-Sweet Co.Court of Appeals for the Seventh Circuit · 1924
- General American Life Ins. Co. v. AndersonCourt of Appeals for the Sixth Circuit · 1946
- Lawrence-Williams Co. v. Societe Enfants Gombault Et CieCourt of Appeals for the Sixth Circuit · 1931
14 more not listed; retrieve them via the Exa API.