Legal Opinion

Gray v. Grand Trunk Western Ry. Co.

Court of Appeals for the Seventh Circuit

Decided May 18, 1907No. 1,339PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This writ of error is from a final judgment against the plaintiff in error, as plaintiff below, upon demurrer sustained to the declaration, as finally amended, and election to stand by such declaration.

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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This writ of error is from a final judgment against the plaintiff in error, as plaintiff below, upon demurrer sustained to the declaration, as finally amended, and election to stand by such declaration. Tlie transcript of record shows that the plaintiff in error filed suit in trespass on the case, December 7. 1900, in the superior court of Cook county, against F. C. Austin Manufacturing Company, and E. W. Meddaugh and Henry B. Joy, as receivers of Chicago & Grand Trunk Railway…

1Opinion of the CourtSeaman, Circuit Judge

(after stating the facts as above). .The

declaration avers an injury suffered by the plaintiff in error, while engaged in the service of the receivers, under circumstances which would charge the receivers with liability, upon due proof in a suit against them, prosecuted during the term of receivership. Suit was not commenced, however, until after sale of the res under a foreclosure decree, delivery to the defendant in error through a purchase thereunder, and discharge of the receivers, as averred in the amended declaration in question. The foreclosure proceedings referred to were in the…

2Cases cited20 opinions

  1. Davis v. GraySupreme Court of the United States · 1873
  2. Keller v. AshfordSupreme Court of the United States · 1890
  3. McNulta v. LochridgeSupreme Court of the United States · 1891
  4. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
  5. Willard v. WoodSupreme Court of the United States · 1890

15 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
  2. Woodward v. Carson, Pirie, Scott & Co.Supreme Court of Iowa · 1915
  3. Vandalia Railway Co. v. KeysIndiana Court of Appeals · 1910
  4. Smith v. Jones Lumber & Mercantile Co.District Court, W.D. Wisconsin · 1912
  5. Anderson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1920

6 more not listed; retrieve them via the Exa API.

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