# Erie R. v. Littell

> Court of Appeals for the Second Circuit · January 27, 1904 · 128 F. 546

URL: https://www.frixlaw.com/law-library/cases/8753782

## Case

- **Full name:** ERIE R. CO. v. LITTELL
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** January 27, 1904
- **Citations:** 128 F. 546; 63 C.C.A. 44; 1904 U.S. App. LEXIS 3934
- **Precedential status:** Published
- **Opinion:** Dissent by Wallace
- **Judges:** Lacombe, Townsend, Wallace
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8753782

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8753782. Public record. Not legal advice.