Legal Opinion

State v. Port Royal & A. Ry. Co.

U.S. Circuit Court for the District of South Carolina

Decided January 1, 1898PublishedCited by 7 opinions

This was an intervening petition filed by J. B. Bates in the receivership proceedings against the Port Royal & Augusta Railway Company and others, whereby he sought to enforce an alleged lien against the railroad property for the amount of a judgment obtained by him against the railroad company for the killing of an animal by one of its trains.

1Opinion of the Court

SIMONTON, Circuit Judge1.

This is an interven! ion by J. X». Bates, claiming payment of a certain judgment obtained by him against the *68;Pórt Royal & Augusta Railway Company. Bates was the owner of a Jersey bull, wbicb be alleged was killed on tbe line of tbat road, by tbe train of tbe road, on November 30,1892. He put bis claim in •:suit. before a trial justice of Barnwell county, making tbe railroad company defendant, and obtained a judgment, wbicb was entered October 26, 1893, for $90 and costs. Tbe defense rests upon the fact that at the date of the accident and at the time of the suit the…

2Cases cited4 opinions

  1. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  2. McNulta v. LochridgeSupreme Court of the United States · 1891
  3. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
  4. Dillingham v. HawkCourt of Appeals for the Fifth Circuit · 1894

3Cited by7 opinions

  1. Guarantee Co. of North Dakota v. HanwayCourt of Appeals for the Eighth Circuit · 1900
  2. National Folding-Box & Paper Co. v. Dayton Paper Novelty Co.U.S. Circuit Court for the District of Southern Ohio · 1899
  3. Ihlan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1917
  4. Caribbean Insurance Co. v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1970
  5. Fidelity Insurance, Trust & Safe Deposit Co. v. Norfolk & W. R.U.S. Circuit Court for the District of Western North Carolina · 1902

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