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FURRER V. FERRIS, 145 U. S. 132 (1892)

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U.S. Supreme Court

Furrer v. Ferris, 145 U.S. 132 (1892)

Furrer v. Ferris

No. 298

Argued April 13, 1892

Decided May 2, 1892

145 U.S. 132

Syllabus

The findings of a master in chancery, concurred in by the court, are to be taken as presumptively correct, and will be permitted to stand unless some obvious error has intervened in the application of the law or some important mistake has been made in the evidence, neither of which has taken place in this case.

Crawford v. Neal, 144 U. S. 585, affirmed and applied.

The Court stated the case as follows:

In 1887, appellee was in possession of the property of the Toledo, Columbus and Southern Railway Company, as receiver, having been duly appointed such receiver by the Circuit Court of the United States for the Northern District of Ohio, in a foreclosure suit brought by the American Loan and Trust Company. On October 15, William Furrer, a young man of about twenty-one years of age, driving a load of wood along the public highway, crossed the railroad track, and while making the crossing was thrown from the wagon, struck by the wheels, and instantly killed. On December 15, appellant, the administrator of William Furrer, filed his intervening petition in said circuit court, seeking to recover ten thousand dollars damages on the ground that the death of his intestate occurred through the negligence of the receiver in failing to keep the crossing in good repair. The matter was referred to a master, who took testimony and reported it to the court, together with his conclusion that there was no negligence in respect to such crossing, and therefore no liability on the part of the receiver. This report was confirmed by the circuit, and the intervening petition dismissed. From that decision petitioner appealed to this Court. chanroblesvirtualawlibrary

Page 145 U. S. 134





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