Kohn v. McNulta

Statement by Mr. Justice BREWER:

On April 29, 1887, appellant entered into the employ of the defendant, the receiver of the Wabash, St. Louis & Pacific Railway Company, as a switchman in the yards of the company at Toledo, Ohio. He coutinued in such employ until the 11th of July, 1887, on which day, in attempting to couple two freight cars, his arm was caught between the deadwoods and crushed. Thereafter he filed his petition of intervention in the circuit court of the United States for the northern district of Ohio, the court which had appointed McNulta receiver, and in which the foreclosure proceedings were still pending. At first his intervening petition was referred to a master, but afterwards, on his motion, the order of reference was set aside, and a jury called and impaneled. The testimony having all been received, the court left to the jury the single question of the amount of damages which the intervener should recover, if entitled to recover anything, and the jury in response thereto found that his damages were $10,000. The court, however, on an examination of the testimony, held that no cause of action was made out against the receiver, set aside the verdict of the jury, and dismissed the petition; from which decision the intervener brought his appeal to this court.

J. K. Hamilton, for appellant.

Wells H. Blodgett, for appellee.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.