Union Pacific Railway Co. v. Wyler
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. On the 25th of September, 1885, Otto Wyler, the defendant in error, sued the Union Pacific Railway Company, plaintiff in error, in the Circuit Court of Jackson County, State of Missouri, to recover damages for a personal injury.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. On the 25th of September, 1885, Otto Wyler, the defendant in error, sued the Union Pacific Railway Company, plaintiff in error, in the Circuit Court of Jackson County, State of Missouri, to recover damages for a personal injury. The petition alleged that in April, 1883, and for a long time prior thereto, he was employed by the defendant at Wyandotte, Kansas, in repairing locomotives and engines; that at the date stated the corporation had in its employ other men beside himself, among whom was one Charles B.…
1Opinion of the CourtJustice White
It was claimed at bar that the demurrer filed instead of being to the last answer, was to the first amended answer, and therefore that it was addressed to the third ground therein set out, that is to say, the plea of limitation under the Kansas statute, and that, the general denial, instead of being addressed to the second ground in the last amended answer, applied to the second ground in the first amended answer, which averred negligence on the part of the plaintiff. The record does not support this contention, although it indicates that the pleader intended 'that the demurrer and the denial…
2Cases cited17 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Owings v. HullSupreme Court of the United States · 1835
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
- Covington Drawbridge Company v. SHEPHERDSupreme Court of the United States · 1858
- Bigham v. Talbot & CropperTexas Supreme Court · 1885
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3Cited by220 opinions
- United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Friederichsen v. RenardSupreme Court of the United States · 1918
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
- Harriss v. TamsNew York Court of Appeals · 1932
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