Covington Drawbridge Company v. Shepherd - 61 U.S. 227 (1857)


U.S. Supreme Court

Covington Drawbridge Company v. Shepherd, 61 U.S. 20 How. 227 227 (1857)

Covington Drawbridge Company v. Shepherd

61 U.S. (20 How.) 227

Syllabus

An averment in pleading that the Covington Drawbridge Company were citizens of Indiana was sufficient to give jurisdiction to the circuit court of the United States, because the company was incorporated by a public statute of the state which the court was bound judicially to notice.

The former decisions of this Court upon this subject examined.

Shepherd and the other defendants in error, styling themselves citizens of Ohio, brought an action of trespass on the case against the Covington Drawbridge, Company, citizens of the State of Indiana, for injuries sustained by a steamboat belonging to the plaintiffs, in consequence of negligence in attending to the draw. The defendants pleaded not guilty, and the case was tried by a jury, who found a verdict for the plaintiffs, awarding $6,084.93. There were no prayers to the

Page 61 U. S. 228

court or bills of exceptions. But the defendants sued out a writ of error, and brought the case up to this Court, upon the ground that

"the circuit court had no jurisdiction of the cause. The averment of the citizenship of the defendants below, as stated in the declaration, is not sufficient to give jurisdiction to the court. "

Page 61 U. S. 231



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