Legal Opinion · Dissent

New Orleans & N. E. R. v. Thomas

Court of Appeals for the Fifth Circuit

Decided January 2, 1894No. 156Published

In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This was an action by Oscar C. Thomas against the New Orleans & Northeastern Railroad Company and the New Orleans & Southern Railroad Company to recover damages for personal injuries. There were a verdict and judgment for plaintiff,.and defendants bring the case on error to this court.

1DissentPardee, Circuit Judge

I respectfully dissent from all that part of the opinion of the court which deals with the case. The whole evidence in the case is brought up in a somewhat lengthy bill of exceptions, and all the bills of exception cover 75⅞ printed pages of the transcript; but the evidence is not conflicting on the main points involved, nor are the bills of exception unnecessarily prolix. The evidence shows without dispute these facts, shortly stated: The plaintiff in the court below shipped two car loads of *383caíble over tbe Alabama & Great Southern Railroad and its connections from Epes, Ala., to New…

2Cases cited4 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Railroad Company v. HoustonSupreme Court of the United States · 1878
  3. Railroad Co. v. JonesSupreme Court of the United States · 1877
  4. Ince v. East Boston Ferry Co.Massachusetts Supreme Judicial Court · 1870

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