Legal Opinion

Newport News & Mississippi Valley Co. v. Pace

Supreme Court of the United States

Decided April 22, 1895No. 223PublishedCited by 25 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. This was an action for damages instituted by Pace, a citi-. zen of Tennessee, against the Newport News and Mississippi Valley Company and the Chesapeake, Ohio and Southwestern Railroad Company, in the circuit court of Dyer County, Tennessee, and subsequently removed into the Circuit Court of the United States for the eastern division of the Western District of Tennessee by the Newport News…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. This was an action for damages instituted by Pace, a citi-. zen of Tennessee, against the Newport News and Mississippi Valley Company and the Chesapeake, Ohio and Southwestern Railroad Company, in the circuit court of Dyer County, Tennessee, and subsequently removed into the Circuit Court of the United States for the eastern division of the Western District of Tennessee by the Newport News and Mississippi Valley Company, under the fourth paragraph of section 2 of the act of August 13, 1888, (25 Stat. 433,…

1Opinion of the CourtChief Justice Fuller

Errors are assigned to the admission of evidence “ against defendant’s objection,” and “notwithstanding objection by the defendant,” but the bill of exceptions does not show any exception taken to the overruling of these objections. It is also claimed that in a particular' instance evidence offered by defendant was improperly excluded, “ on plaintiff’s objection,” but no exception to the action of the court appears to have been preserved.

The questions sought to be raised cannot, therefore, be considered, as the settled rule is, as stated by Mr. Chief Justice Taney in United States v.…

2Cases cited5 opinions

  1. Harvey v. TylerSupreme Court of the United States · 1865
  2. United States v. BreitlingSupreme Court of the United States · 1858
  3. Bogk v. GassertSupreme Court of the United States · 1893
  4. Block v. DarlingSupreme Court of the United States · 1891
  5. Rogers v. MarshalSupreme Court of the United States · 1864

3Cited by25 opinions

  1. Thiede v. Utah TerritorySupreme Court of the United States · 1895
  2. Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
  3. Metropolitan Life Ins. Co. v. ArmstrongCourt of Appeals for the Eighth Circuit · 1936
  4. Robinson v. Denver City Tramway Co.Court of Appeals for the Eighth Circuit · 1908
  5. Ana Maria Sugar Co. v. QuinonesSupreme Court of the United States · 1920

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