Thompson v. Southern Ry. Co.
U.S. Circuit Court for the District of Northern Alabama
Motion to Remand to State Court. The complaint filed in this suit in the state court contains five counts. In each count plaintiff, Thompson, claims damages of the defendant for personal injuries sustained by him while a passenger on'the defendant’s road, between Bel Mina and Huntsville, Ala., on January 7, 1901. The first three counts claim of the defendant “the sum of nineteen hundred and ninety dollars damages.”
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Motion to Remand to State Court. The complaint filed in this suit in the state court contains five counts. In each count plaintiff, Thompson, claims damages of the defendant for personal injuries sustained by him while a passenger on'the defendant’s road, between Bel Mina and Huntsville, Ala., on January 7, 1901. The first three counts claim of the defendant “the sum of nineteen hundred and ninety dollars damages.” The fourth and fifth counts claim, “the further sum of nineteen hundred and ninety dollars damages.” All of the counts refer to injuries to plaintiff’s ear, as follows: “Impairing…
1Opinion of the CourtJones, District Judge
(after stating the facts as above). What is the amount in controversy here? In view of every-day experience, it makes unpardonable drafts on the credulity of an ordinary man’s *891mind to ask him to believe that the plaintiff met with five different accidents, in consequence of negligence in the management of a train, on the same day, on trips over a modern railroad, between ■two stations not over twenty miles apart, and that in each of these five accidents the same passenger was so unfortunate as to receive injuries to “one of his ears.” Morally, the court is satisfied that the five counts,…
2Cases cited9 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Wilson v. DanielSupreme Court of the United States · 1798
- Hayward v. Nordberg Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
4 more not listed; retrieve them via the Exa API.
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- Nickelson v. Nestles Milk Products CorporationCourt of Appeals for the Fifth Circuit · 1939
- Spokane Valley Land & Water Co. v. Kootenai CountyDistrict Court, D. Idaho · 1912
- Nashville, C. & St. L. Ry v. HillSupreme Court of Alabama · 1906
- Suttles v. ZimmermanAppellate Court of Illinois · 1936
- Hollman v. HollmanCalifornia Court of Appeal · 1928