Central Coal & Coke Co. v. Graham
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; 1. The court erred in not granting the petition to remove the cause to the United States court. Plaintiff was a resident of the Western District and could have sued there. Defendant was doing business in, and was found in that district, where the injury occurred. This is a different case from'203 U. S. 449 and 98 Ark. 507. There neither party resided in the district nor could be found there.
Read the full summary
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; 1. The court erred in not granting the petition to remove the cause to the United States court. Plaintiff was a resident of the Western District and could have sued there. Defendant was doing business in, and was found in that district, where the injury occurred. This is a different case from'203 U. S. 449 and 98 Ark. 507. There neither party resided in the district nor could be found there. The right to remove is clear. 205 Fed. 821; 222 Id. 979; 211 Id. 343; 218 Id. 91. 2. A continuance should have been granted.…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Central Coal & Coke Company, is a corporation organized and existing under the laws of the State of Missouri, with its principal place of business at Kansas City, Mo., and it was, at the time of the occurrence which forms the subject-matter of the present litigation, and is now engaged in operating coal mines in the State of Arkansas, in one of which the plaintiff, W. E. Graham, was employed as a miner. The plaintiff received very serious personal injuries while he was shoveling coal in one of defendant’s mines, the injury being caused by the falling of a rock which had formed…
2Cases cited8 opinions
- Ex Parte WisnerSupreme Court of the United States · 1906
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- St. Louis & San Francisco Railroad v. KitchenSupreme Court of Arkansas · 1911
- Parker v. SandersSupreme Court of Arkansas · 1885
- Roberts & Scheffer Co. v. JonesSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CobbsSupreme Court of Arkansas · 1921
- Chalkley v. HenleySupreme Court of Arkansas · 1928
- Gregg v. Road Improvement District No. 2Supreme Court of Arkansas · 1925
- Central Coal & Coke Co. v. OrwigSupreme Court of Arkansas · 1921
- House v. McGeheeSupreme Court of Arkansas · 1933
4 more not listed; retrieve them via the Exa API.