Opinion

Erie R. v. Littell

  • 128 F. 546
  • 63 C.C.A. 44
  • 1904 U.S. App. LEXIS 3934
Court
Court of Appeals for the Second Circuit
Filed
Jan 27, 1904
Status
Published
Author
Wallace
On the bench
Lacombe, Townsend, Wallace
Cited by
4 cases
Authority
More cited than 16.1%

The opinion

WALLACE, Circuit Judge

(dissenting). If the ticket was sold while the receivers were operating the railroad, in my opinion the plaintiff was not fentitled to recover. The defendant at that time had not come into existence, but was subsequently incorporated, and acquired the railroad by deed-from vendors who had bought it at a foreclosure sale. In the deed the defendant covenanted to indemnify the vendors, and also the receivers, against contracts and liabilities outstanding. I cannot agree with the majority of the court that by force of that covenant the defendant became obligated to carry the plaintiff as a passenger who had purchased a ticket from the receivers. That covenant was exclusively for the benefit and protection of the vendors and the receivers, and not inuring to the benefit of the plaintiff. She could not derive any right of action founded upon it. Austin v. Seligman (C. C.) 18 Fed. 522; Welden National Bank v. Smith, 86 Fed. 398 , 30 C. C. A. 133, 137 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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