Kansas City, Ft. S. & M. R. v. Morgan
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. The plaintiff below, C. H. Morgan, sued the defendant below in the circuit court of Shelby county, Tenn., in March, 1895, for negligence which occurred in November, 1891, and which negligence is alleged to be the direct and proximate cause of an injury to the plaintiff, by reason of which his leg was amputated.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. The plaintiff below, C. H. Morgan, sued the defendant below in the circuit court of Shelby county, Tenn., in March, 1895, for negligence which occurred in November, 1891, and which negligence is alleged to be the direct and proximate cause of an injury to the plaintiff, by reason of which his leg was amputated. The neglect alleged upon the part of the railroad company was the failure to furnish a safe and suitable switch engine. The plaintiff, Morgan, was employed by the railroad company as a switchman…
1Opinion of the CourtBarr, District Judge
The appellant has assigned several errors in addition to those which raise the question of whether or not the judgment entered by the circuit court of Shelby county, Tenn., in March, 1893, is a bar to the present action; but, as that question is the decisive one, we will not consider the other errors assigned. That judgment was rendered by a court of general jurisdiction, and as such is conclusive upon the plaintiff, who was a party thereto, unless it can be collaterally impeached. The parties and the cause of action in that suit are identical with the cause of action set up in the present…
2Cases cited18 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hilton v. GuyotSupreme Court of the United States · 1895
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Hanley v. DonoghueSupreme Court of the United States · 1885
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3Cited by9 opinions
- Gentle v. Georgia Power Co.Supreme Court of Georgia · 1934
- State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934
- Justice v. Georgia Industrial Realty Co.Supreme Court of Virginia · 1909
- Union & Planters' Bank of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1901
- Derrisaw v. SchafferDistrict Court, E.D. Oklahoma · 1934
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