Baltimore & Ohio Railroad v. Larwill
Ohio Supreme Court
Error to the Circuit Court of Wayne county. On July 21, 1908, the defendant in error herein commenced in the court of common pleas of Wayne an action against The Baltimore & Ohio Railroad Company, plaintiff in error herein, to recover for damages alleged to have been sustained by reason of the obstruction of the channel of a stream known as Apple Creek, by the erection of a bridge over and abutments in the said channel, thus obstructing the natural flow of water and causing…
Read the full summary
Error to the Circuit Court of Wayne county. On July 21, 1908, the defendant in error herein commenced in the court of common pleas of Wayne an action against The Baltimore & Ohio Railroad Company, plaintiff in error herein, to recover for damages alleged to have been sustained by reason of the obstruction of the channel of a stream known as Apple Creek, by the erection of a bridge over and abutments in the said channel, thus obstructing the natural flow of water and causing it to back up and overflow plaintiff’s adjacent and contiguous lands, to his great damage. Judgment was asked for…
1Opinion of the CourtSpear, J.
It is not doubted that the court of common pleas had jurisdiction of the original action of Larwill against the Company, nor that such jurisdiction was ousted by the removal of the case to the circuit court of the United States; so that, during the pendency of the case in the latter court, its jurisdiction was exclusive, and the state court was without power to further deal with the case. The question raised by the record, therefore, is, whether or not, after the suit brought in the state court had been removed to the United States court, and had by that court at the instance of the plaintiff…
2Cases cited14 opinions
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Southern Railway Co. v. MillerSupreme Court of the United States · 1910
- Cox v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1882
- Mciver v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1900
- Adams Express Co. v. SchofieldCourt of Appeals of Kentucky · 1901
9 more not listed; retrieve them via the Exa API.