Texarkana Telephone Co. v. Bridges
Supreme Court of Arkansas
Cross appeals from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. This is an action brought by appellee in the circuit court of Miller County against the Texarkana Street Railway Company, the Texarkana Telephone Company, and Harrison Construction Company, to recover damages for personal injuries alleged to have been caused by the concurring negligence of the defendants.
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Cross appeals from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. This is an action brought by appellee in the circuit court of Miller County against the Texarkana Street Railway Company, the Texarkana Telephone Company, and Harrison Construction Company, to recover damages for personal injuries alleged to have been caused by the concurring negligence of the defendants. The complaint alleges that the Texarkana Telephone Company and Harrison Construction Company are both foreign corporations, but contains no allegations as to the identity of the -Texarkana Street Railway…
1Opinion of the Court
McCulloch, ].,
(after stating the facts.) The right of removal of a cause from the State to the Federal court, so far as concerns the action of the State court, depends upon and must be determined by the condition of the record in the State court at the time the removal is sought (Chesapeake & Ohio Railway Company v. Dixon, 179 U. S. 131) ; and, where the alleged ground for removal is the diverse citizenship of the parties, the allegations of the petition alone can be looked to by the State court in determining the right of removal. The State court has no jurisdiction to try an issue of fact…
2Cases cited8 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Southern Railway Co. v. HudginsSupreme Court of Georgia · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Simmons v. Superior CourtCalifornia Court of Appeal · 1950
- St. Louis & San Francisco Railroad v. KitchenSupreme Court of Arkansas · 1911
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1923
- Lane Bros. v. RickardSupreme Court of Georgia · 1911
- St. Louis Southwestern Railway Co. v. AdamsSupreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.