Legal Opinion

Front Street Cable Ry. Co. v. Drake

U.S. Circuit Court for the District of Washington

Decided October 29, 1897PublishedCited by 1 opinion

This cause was heard on the petition of Christopher B. Dudley to establish priority over the mortgage of a judgment in his favor given for damages on account of a personal injury caused Tby negligence in the operation of the Front Street Gable Railway, prior to the appointment of a receiver herein.

1Opinion of the Court

HANFORD, District Judge.

Recent decisions of the circuit court of appeals for the Ninth circuit, reversing judgments of this court, which allowed claims for damage's caused by negligence in the operation of mortgaged railroads to he paid as preferential claims, leave to this court no discretion. The claim to priority in every such case must he disallowed. Farmers’ Loan & Trust Co. v. Northern Pac. R. Co., 24 C. C. A. 511, 79 Fed. 227; Farmers’ Loan & Trust Co. v. Nestelle, 25 C. C. A. 194, 79 Fed. 748.

The petitioner, however, has introduced evidence tending to prove that, after the date of the…

2Cases cited2 opinions

  1. Farmers' Loan & Trust Co. v. Northern Pac. R. Co.Court of Appeals for the Ninth Circuit · 1897
  2. Farmers' Loan & Trust Co. v. NestelleCourt of Appeals for the Ninth Circuit · 1897

3Cited by1 opinion

  1. Northwestern Trust Co. v. St. Paul Southern Electric Railway Co.Supreme Court of Minnesota · 1929

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