Chicago, Rock Island & Pacific Railway Co. v. Cobbs
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. IT. Evans, Judge; 1. The cause should have been removed. The facts requisite to Federal court jurisdiction existed. Comp.
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Appeal from Hot Spring Circuit Court; W. IT. Evans, Judge; 1. The cause should have been removed. The facts requisite to Federal court jurisdiction existed. Comp. Statutes, § 991. Section 1010, Id., was fully complied with, and section 1033, Id. under the circumstances of the case would not justify the lower court in denying the petition. 265 Fed. 715; 261 Id. 697; 39 Id. 581; Í52 H. S. 634; 268 Fed. 610. The statute, § 8569, C. & M. Digest, on which this case is based, localizes the cause of action, so that is could be brought in a State court, only in Hot Spring county, and it -could,…
1Opinion of the CourtMcCulloch, C. J.
These are actions instituted in the circuit court of Hot Spring County against appellant railway company to recover damages under the statute which makes such corporation liable for injury to property caused by fire communicated from a locomotive. Crawford & Moses’ Digest, § 8569. The cases were consolidated and tried together, and resulted in a judgment in favor of each of the appellees.
The first mentioned case was instituted by L. E. Cobbs, the owner of the destroyed property, and certain insurance corporation, which had .insured the property and paid the damage to the extent of the amount…
2Cases cited8 opinions
- Ex Parte WisnerSupreme Court of the United States · 1906
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. L., I. M. & S. Ry. v. Camden BankSupreme Court of Arkansas · 1886
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Kansas Gas & Electric Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
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3Cited by12 opinions
- Young v. GarrettCourt of Appeals for the Eighth Circuit · 1945
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
- Motors Ins. Corp. v. CokerSupreme Court of Arkansas · 1951
- Home Insurance Co. v. LackSupreme Court of Arkansas · 1938
- National Fire Insurance v. Pettit-Galloway Co.Supreme Court of Arkansas · 1923
7 more not listed; retrieve them via the Exa API.