Lusk v. Phelps
Supreme Court of Oklahoma
Sharp, O. J. dissenting. Error from District Court, Johnston County ; J. H. Line'baugh, Judge. Action by W. H. Phelps, administrator of the estate of Needham Phelps, deceased, against James W. Lusk and others, receivers of the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, motion for new trjial overruled, and defendants bring error.
1Opinion of the CourtHardy, J.
W. H. Phelps, administrator of the estate of Needham Phelps, deceased, commenced this action against James W. Lusk et al., receivers of the St. Louis & San Francisco Railroad Company, to recover damages for the death of Needham Phelps, alleged to have been caused by -the negligence of defendants. Defendants filed petition for removal to the federal court, which was sustained and the cause removed. Thereafter -the cause was remanded to the court in which it was commenced for the reason that- the petition alleged that at the time of his death deceased was engaged in interstate commerce. The…
2Cases cited43 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
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3Cited by24 opinions
- Flanders v. Crane Co.Supreme Court of Oklahoma · 1984
- Muskogee Electric Traction Co. v. RichardsSupreme Court of Oklahoma · 1923
- Independent - Eastern Torpedo Co. v. PriceSupreme Court of Oklahoma · 1953
- Hobbs v. WatkinsSupreme Court of Oklahoma · 1971
- Parkhill Trucking Co. v. HopperSupreme Court of Oklahoma · 1953
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