Equitable Life Assur. Soc. v. Tolbert
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. The administratrix sued the Equitable Life Assurance Society to recover damages for the death of Henry Tolbert, which she alleged was caused by the defendant’s negligence. The defendant was the owner of an office building in Des Moines, Iowa, in the northwest corner of which was an elevator designed for the transportation of freight and for .use in the janitor service.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Iowa. The administratrix sued the Equitable Life Assurance Society to recover damages for the death of Henry Tolbert, which she alleged was caused by the defendant’s negligence. The defendant was the owner of an office building in Des Moines, Iowa, in the northwest corner of which was an elevator designed for the transportation of freight and for .use in the janitor service. Tolbert was employed about May 4. 1903, as a janitor, and placed under the superintendence of Mills, the head janitor of the building. He met…
1Opinion of the Court
HOOK, Circuit Judge,
after stating the case as above, delivered die opinion of the court.
The administratrix moves to dismiss the writ of error upon the ground that the record was not filed and the cause docketed in this court until after the return day of the writ of error and citation. It appears that the record was lodged with the clerk in due time, but, owing to a short delay in the payment of the docket fee, it was not filed until five days after the return day. The motion to dismiss, however, was not made until nearly four months thereafter. The cause had then been docketed and the record…
2Cases cited8 opinions
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
- Altenberg v. GrantCourt of Appeals for the Sixth Circuit · 1897
- Bingham v. MorrisSupreme Court of the United States · 1812
- Owings v. Lessee of TiernanSupreme Court of the United States · 1836
- Andrews v. ThumCourt of Appeals for the First Circuit · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McMillan Contracting Co. v. AbernathyCourt of Appeals for the Eighth Circuit · 1922