Eddy v. Dulaney

Eighth Circuit

Eddy v. Dulaney

49 F. 800, 1 C.C.A. 435, 1892 U.S. App. LEXIS 1223

CourtCourt of Appeals for the Eighth Circuit

DecidedFebruary 15, 1892

StatusPublished

This text of 49 F. 800 (Eddy v. Dulaney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eddy v. Dulaney, 49 F. 800, 1 C.C.A. 435, 1892 U.S. App. LEXIS 1223 (8th Cir. 1892).

Pincite

Opinion

Caldwell, Circuit Judge.

This action was commenced by the plaintiff below to recover damages for the alleged negligent killing of his cattle by the defendants below while operating the Missouri, Kansas & Texas Railway, as [801]*801receivers. Tiie plaintiff recovered judgment, and the defendants sued out this writ of error. Upon the trial the court gave the same instruction to the jury that was given in the case of these same plaintiffs in error against Lafayette, 49 Led. Ken. 798, (decided at this term.) This was error. The judgment of the court below is reversed, and the case remanded, with instructions to grant a new trial.

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Caldwell, Circuit Judge.

This action was commenced by the plaintiff below to recover damages for the alleged negligent killing of his cattle by the defendants below while operating the Missouri, Kansas & Texas Railway, as [801]*801receivers. Tiie plaintiff recovered judgment, and the defendants sued out this writ of error. Upon the trial the court gave the same instruction to the jury that was given in the case of these same plaintiffs in error against Lafayette, 49 Led. Ken. 798, (decided at this term.) This was error. The judgment of the court below is reversed, and the case remanded, with instructions to grant a new trial.

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Bluebook (online)

49 F. 800, 1 C.C.A. 435, 1892 U.S. App. LEXIS 1223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddy-v-dulaney-ca8-1892.