41 F. 316 (E.D.La. 1890), Missouri Pac. Ry. Co. v. Texas Pac. Ry. Co.

Citation:41 F. 316
Party Name:MISSOURI PAC. RY. CO. v. TEXAS PAC. RY. CO., (ANDREOLA, Intervenor.)
Case Date:February 05, 1890
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 316

41 F. 316 (E.D.La. 1890)

MISSOURI PAC. RY. CO.

v.

TEXAS PAC. RY. CO., (ANDREOLA, Intervenor.)

United States Circuit Court, E.D. Louisiana.

February 5, 1890

Rice & Armstrong, for intervenor.

F. H. Prendergast and Howe & Prentiss, for defendant.

PARDEE, J.

On the 22d day of March, 1887, the intervenor's wife, while occupying a public carriage, hired for the occasion, was injured through a collision with said carriage and one of the trains operated by the receivers in this cause, at a public crossing in the town of Marshall, in the state of Texas. On the 9th of August, 1887, the intervenor instituted a suit in the district court of Harrison county, Tex., against the receivers, to recover damages for such injuries. The receivers appeared, and demurred to the jurisdiction of the court, and at the same time pleaded a general denial, and contributory negligence. On the trial of the case, in August, 1888, the jury returned a verdict as follows: 'We, the jury, find for the plaintiff actual damages, including all expenses, to the total amount of four thousand five hundred dollars. ' Upon which verdict the court rendered the following judgment:

'It is therefore considered, ordered, and adjudged by the court that the plaintiff do have and recover of the defendants, John C. Brown and Lionel A. Sheldon, in their capacities as receivers of the Texas & Pacific Railway, the sum of four thousand five hundred dollars, ($4,500.00,) the finding of the jury aforesaid, together with all the costs of this suit; that this judgment be certified to the honorable circuit court of the United States for the eastern district of Louisiana, at New Orleans, in which said court said receivers were appointed, and under the orders of which said Brown is now, and has been, operating said road, to be paid, under the orders of said court, out of the earnings of said railroad; and it is further ordered, adjudged, and considered by the court that this judgment shall be a lien upon the earnings of said road in the hands of said receiver, arising from the operation of said road in Texas, and on all machinery purchased by the receivers under said earnings, and on the improvements and betterments placed upon said railway in Texas, out of the earnings of said railway.'

Page 317

By intervention, the said judgment has been presented in this case, with a prayer to this court to recognize the same, and to...

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