205 F. 248 | 8th Cir. | 1913
This was an action by Hulbert, a pedestrian on a public street, for personal injuries resulting from the violent breaking, by some passenger cars negligently managed, of a wire care
When the accident occurred the railroad was in the possession of and being operated by receivers appointed by a federal court, but before the action was begun the receivers had been discharged and the railroad had been purchased by defendant under a decree making it responsible for the costs and expenses of the suit and receivership, the indebtedness and liabilities of the receivers incurred on account of and in the operation of the property, and other claims which need not be mentioned here. The decree provided that the purchaser should pay those of the two classes above mentioned, “which are established or unquestioned, and any disputed claims when- allowed by the master without objection or by the court.”. It is now contended that the trial court did not have jurisdiction of the plaintiffs action, but that his claim for damages, being questioned and not established, should have been presented to the court in the receivership case or to its master in chancery.
Parts of the charge to the jury are criticised, but we think the charge was right when taken as a whole in connection with the issues and the evidence. The court did not, as is assumed, submit to the jury the bare question whether it was negligence to sever the cars from the engine, give them a shove or kick, and allow them to run across the street by their own momentum. That was done by the employes, but
The judgment is affirmed.