Howland Pulp & Paper Co. v. Alfreds

Citations

• 179 F. 482
• 103 C.C.A. 62
• 1910 U.S. App. LEXIS 4667

Syllabus

<p>1. Courts (§ 276*) — Jurisdiction of Federal Courts — District of Trial— Waiver.</p> <p>A corporation, sued by a nonresident in the Circuit Court for the Maine District as organized in that state, although in fact a citizen of another state, with the right'to object to the jurisdiction of the court in that district, waives such right by entering a general appearance; and, as it has full knowledge of the facts it cannot avail itself of the objection after plaintiff has amended his declaration to correctly allege its citizenship.</p> <p>[Ed. Note. — For other eases, see Courts, Cent. Dig. § 815; Dec. Dig. § 276.*</p> <p>Waiver of right a® to district in which suit may be brought, see notes to Memphis Savings Bank v. Houchens, 52 C. C. A. 192; McPhee & McGinnity Co. v. Union Pac. R. Co., 87 O. C. A. 634.]</p> <p>2. Trial (§ 238*) — Instructions—Refusal of Requests.</p> <p>The fact that language found in a requested instruction was copied from a judicial opinion does not necessarily render it error to refuse the request, since, as used in the opinion, it may be qualified by the text, and may not be correct as a general proposition.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 552, 562; Dec. Dig. S 238.*]</p> <p>3. Master and Servant (§ 267*) — Action for Injury to Servant — Evidence.</p> <p>In an action by an employe to recover for an injury received while tending a machine in defendant’s paper mill, the admission of evidence that defendant’s superintendent refused to allow plaintiff to go into the mill after the injury to examine the machinery held not error, under the circumstances of the case.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Dec. Dig. § 267.*]</p>