Texas & Pacific Ry. Co. v. Hill, 237 U.S. 208 (1915)

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

A corporation created by an act of Congress is inherently entitled to invoke the jurisdiction of this Court to review a judgment of the circuit court of appeals, even though such judgment would be final as against another defendant not so incorporated.

Nothing in the record indicates that the trial court erred in not taking the case from the jury.

Where the defendant after removing the case into the federal court, obtains a continuance in order to prepare its defense on the merits, and does plead to the merits, such action amounts to a waiver of objections to the jurisdiction of the state court in which the action was originally commenced.

The exclusion of jurors and the granting or refusal of postponements are matters within the discretion of the trial court, and this Court will not interfere unless it appears that the limits of sound discretion were transcended.

Objections to the charge of the trial court to the jury in this case held unfounded.

Whether the trial court erred in refusing a remittitur because of the excessive amount of the verdict is not open in this Court. Southern Ry. v. Bennett, 233 U.S. 80.

The facts, which involve the validity of a judgment for damages for personal injuries, are stated in the opinion.