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Priester v. Southern Ry. Co.

Priester v. Southern Ry. Co., 6 F.2d 878 (4th Cir. 1925)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
June 15, 1925
Docket
No. 2344
Judges
Rose
Citations
6 F.2d 8781925 U.S. App. LEXIS 2168

Opinion of the Court — Rose

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ROSE, Circuit Judge.

This case has been here before. 289 F. 945 . At that time, after full consideration, a judgment below for the plaintiffs was reversed, on the ground that they had offered no evidence legally sufficient to support a verdict in their favor. The ease was then remanded for a new trial. That has been now held, and under the direction of the learned District Judge a verdict was returned for the defendant. The- plaintiffs assign error.

It goes without saying that, if the testimony offered at the second trial did not differ in any material respect from that which was presented when the ease was first heard, the District Court had no choice other than to give the direction it did. Thompson v. *879 Maxwell Land Grant & R. Co., 168 U. S. 456 , 18 S. Ct. 121 , 42 L. Ed. 539 . We have carefully examined the present record, and fail to find any substantial distinction between the evidence in it and that which we considered some two years ago.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 21937: 11942: 11962: 119292026peak 1929 · 2

Relies on it most ⓘ

  1. The Lincoln National Life Insurance Company v. Rosa Lee Leaman Roosth306 F.2d 110 (5th Cir. 1962)
  2. Virginia Electric & Power Co. v. National Labor Relations Board132 F.2d 390 (4th Cir. 1942)
  3. Dunagan v. Appalachian Power Co.33 F.2d 876 (4th Cir. 1929)
  4. Dodd v. Union Indemnity Co.32 F.2d 512 (4th Cir. 1929)
  5. Carpenter v. Durell90 F.2d 57 (6th Cir. 1937)

Most recent

  1. The Lincoln National Life Insurance Company v. Rosa Lee Leaman Roosth306 F.2d 110 (5th Cir. 1962)
  2. Virginia Electric & Power Co. v. National Labor Relations Board132 F.2d 390 (4th Cir. 1942)
  3. Carpenter v. Durell90 F.2d 57 (6th Cir. 1937)
  4. Dunagan v. Appalachian Power Co.33 F.2d 876 (4th Cir. 1929)
  5. Dodd v. Union Indemnity Co.32 F.2d 512 (4th Cir. 1929)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Thompson v. Maxwell Land Grant & Ry. Co., 168 U.S. 451 (1897) 133
Southern Ry. Co. v. Priester, 289 F. 945 (4th Cir. 1923) 19

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