Cybur Lumber Co. v. Erkhart
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Action by Corbet Erkhart, by J. H. Erkhart, his next friend, against the Cybur Eumber Company. There was a judgment of voluntary nonsuit, and a motion for judgment and to set aside the order granting the nonsuit. Plaintiff brings error.
1Opinion of the Court
EVANS, District Judge.
Corbet Erkhart, by next friend, sued the Cybur Dumber Company in tort, and recovered a judgment. The defendant prosecuted a writ of error to this court and the judgment was reversed, the court holding that a verdict for the defendant should have been directed upon the evidence in the record, and- the cause was remanded to be proceeded with in conformity with the opinion rendered by this court, 238 Fed. 751, 151 C. C. A. 601. Upon the remand of the case the plaintiff took a voluntary nonsuit, over objection. Subsequently the defendant moved for a judgment, which motion…
2Cases cited4 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1910
- McCabe v. Southern Ry. Co.U.S. Circuit Court for the District of South Carolina · 1901
- Cybur Lumber Co. v. ErkhartCourt of Appeals for the Fifth Circuit · 1917
3Cited by12 opinions
- Parr v. United StatesSupreme Court of the United States · 1956
- George B. Parr v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Fleniken v. Great American Indemnity Co.Court of Appeals for the Fifth Circuit · 1944
- Prudential Ins. Co. of America v. StackCourt of Appeals for the Fourth Circuit · 1932
- Shell Petroleum Corp. v. ShoreCourt of Appeals for the Tenth Circuit · 1935
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