Legal Opinion

Duncan v. Atchison, T. & S. F. R.

Court of Appeals for the Ninth Circuit

Decided February 17, 1896No. 237PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Southern District of California. This was an action at law by Blanton Duncan against the Atchi-son, Topeka & Santa Fé Railroad Company and the Southern California Railway Company to recover damages for an alleged libel. The case was tried by the court without a jury, and judgment was given for defendants. Plaintiff brings error.

1Opinion of the Court

HAWLEY, District Judge.

This is an action at law to recover $50,000, damages alleged to have been sustained by plaintiff in error by reason of certain alleged libelous statements contained in an answer filed by the defendants in error with the interstate commerce commission, to a complaint instituted by the plaintiff at Washington, D. G., charging that defendants had been guilty of certain infractions of the provisions of the interstate commerce act. A demurrer to the jurisdiction, to misjoinder, and generally to want of cause of action, was overruled, and thereafter an answer was duly filed.…

2Cases cited34 opinions

  1. Bond v. DustinSupreme Court of the United States · 1884
  2. Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
  3. The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
  4. Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
  5. Ball v. RawlesCalifornia Supreme Court · 1892

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3Cited by8 opinions

  1. Penick v. RatcliffeCourt of Appeals of Virginia · 1927
  2. Gosewisch v. DoranCalifornia Supreme Court · 1911
  3. Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
  4. Independent Life Insurance v. RodgersTennessee Supreme Court · 1933
  5. Tuohy v. HalsellSupreme Court of Oklahoma · 1912

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