Whiton v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The plaintiff was appointed, by the county court of Rock county, in this state, administrator of the estate of Mary P. Whiton, deceased, and in that capacity he brought this action, in September, 1866, in the circuit court for Rock county, under ch. 135, R. S., to recover damages for the negligent and wrongful killing of his intestate by the employees of the defendant company.
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APPEAL from the Circuit Court for Jefferson County. The plaintiff was appointed, by the county court of Rock county, in this state, administrator of the estate of Mary P. Whiton, deceased, and in that capacity he brought this action, in September, 1866, in the circuit court for Rock county, under ch. 135, R. S., to recover damages for the negligent and wrongful killing of his intestate by the employees of the defendant company. The plaintiff was, at the commencement of the action, and still is, a citizen of Illinois. The defendant company operates a line of railroad partly within this state,…
1Opinion of the Court
Cole,- J.
The plaintiff applied for a removal of the cause into the circuit court of the United States under the provision of the act of congress of March 2, 1867. By this act it is provided that where a suit was pending when the act took effect, or might thereafter be brought, in any state court, in which there is a controversy between a citizen of the state in which the suit is brought and a citizen of another state, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another state, whether he be plaintiff or defendant, upon making and…
2Cited by14 opinions
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- Galpin v. CritchlowMassachusetts Supreme Judicial Court · 1873
- Ellerman v. New Orleans, etc., R.U.S. Circuit Court for the District of Louisiana · 1875
- Henen v. B. & O. R. R.West Virginia Supreme Court · 1881
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