Atlantic Coast Line R. Co. v. Winn
| Decision Date | 26 October 1915 |
| Docket Number | 2822. |
| Citation | 227 F. 50 |
| Parties | ATLANTIC COAST LINE R. CO. v. WINN. |
| Court | U.S. Court of Appeals — Fifth Circuit |
In Error to the District Court of the United States for the Southern District of Georgia; W. W. Lambdin, Judge.
Action by Mrs. Minnie L. Winn against the Atlantic Coast Line Railroad Company. Demurrer to the declaration was overruled, and defendant brings error. Dismissed.
Peter W. Meldrim, of Savannah, Ga., for plaintiff in error.
Edgar J. Oliver and Francis M. Oliver, both of Savannah, Ga., for defendant in error.
Before PARDEE and WALKER, Circuit Judges, and FOSTER, District Judge.
This is a suit brought in the court below to recover damages resulting from a railroad collision. The plaintiff in error, defendant in the court below, filed a general demurrer to the declaration, which on hearing was overruled by the court, whereupon, without waiting for final judgment in the case, the plaintiff in error sued out this writ. For late cases, see Heike v. United States, 217 U.S. 423, 30 Sup.Ct. 539, 54 L.Ed. 821; Sheppy v. Stevens, 200 F. 946, 119 C.C.A. 330.
The writ of error is dismissed.
To continue reading
Request your trial
-
Grand Trunk Western R. Co. v. McHie
...except the denial of the motion. Cases almost directly in point are: Robinson v. Belt, 8 Cir., 56 F. 328; Atlantic Coast Line R. Co. v. Winn, 5 Cir., 227 F. 50; and Crooker v. Knudsen, 9 Cir., 232 F. The appeal is dismissed. ...
-
In re Kilpatrick, 12298
...Milk Ass'n, 319 U.S. 21, 63 S.Ct. 938, 87 L.Ed. 1185. 2 Grand Trunk Western R. Co. v. McHie, 6 Cir., 100 F.2d 86; Atlantic Coast Line R. Co. v. Winn, 5 Cir., 227 F. 50; Heike v. United States, 217 U.S. 423, 30 S.Ct. 539, 54 L.Ed. ...
- Stuart v. E. T. Burrowes Co.