Evey v. Mexican Cent. Ry. Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. Action by Edward Evey against the Mexican Central Railway Company, Limited, to recover damages for personal injuries. Petition dismissed on special exceptions, and plaintiff brings this writ of error.
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In Error to the Circuit Court of the United States for the Western District of Texas. Action by Edward Evey against the Mexican Central Railway Company, Limited, to recover damages for personal injuries. Petition dismissed on special exceptions, and plaintiff brings this writ of error. To make an intelligent statement of this case, it is necessary to give the plaintiff’s first amended original petition and the defendant’s special exceptions thereto in full, as follows: Now comes the plaintiff, Edward Evey, and, by leave of court first obtained, •files this, his first amended original…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above), delivered the opinion of the court.
As the plaintiff is a citizen of the state of Texas, residing in the Western district of said state, and the defendant a citizen of the state of Massachusetts, the circuit court has jurisdiction ratione personae. As the cause of action shown by the petition is one for a personal tort (i. e. for injury to the person through negligence), it is transitory, and the circuit coui’t has jurisdiction ratione materia?.
While the negligence complained of was committed in the republic of Mexico, neither of the parties is a citizen of…
2Cases cited19 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- The " Scotland"Supreme Court of the United States · 1882
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3Cited by20 opinions
- State of California, Department of Mental Hygiene v. CopusTexas Supreme Court · 1958
- Edward R. Burt v. Isthmus Development CompanyCourt of Appeals for the Fifth Circuit · 1955
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Texas Pipe Line Co. v. WareCourt of Appeals for the Eighth Circuit · 1926
- Bradbury v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
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