Ellison v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
in Error to the Circuit Court of the United Slates for the'Eastern District, of Tennessee. This is an action brought by the plaintiff in error against the Lonisville .& Nashville Railroad Company in the circuit court of Campbell county, T.enn.; to recover damages for personal injuries sustained by him from the alleged negligence of the company while he was in its employ as a brakeman.
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in Error to the Circuit Court of the United Slates for the'Eastern District, of Tennessee. This is an action brought by the plaintiff in error against the Lonisville .& Nashville Railroad Company in the circuit court of Campbell county, T.enn.; to recover damages for personal injuries sustained by him from the alleged negligence of the company while he was in its employ as a brakeman. Before the case came on for trial the defendant obtained an .order, tender the provisions ■of the act of March 3, 1887, regulating the removal of (causes from state courts, for its removal into the circuit court…
1Opinion of the CourtSeverens, Circuit Judge
In view of the conclusión to which we feel compelled, in respect to the action of the court below upon the application of the plaintiff for leave to controvert the allegations of fact contained in the petition for removal, we shall deal with that question only. Doubtless it is right to presume that the circuit court, in réfusing to hear evidence controverting the truth of the matters stated in the petition for removal, felt controlled by the authority of certain decisions made in the circuit courts of this circuit soon after the passage of the act of March 3, 1887 (corrected in 1888),…
2Cases cited9 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Fisk v. HenarieSupreme Court of the United States · 1892
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Malone v. Richmond & D. R. Co.U.S. Circuit Court for the District of Eastern North Carolina · 1888
- Whelan v. New York, L. E. & W. R. Co.United States Circuit Court · 1888
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3Cited by2 opinions
- Montgomery County v. CochranU.S. Circuit Court for the District of Middle Alabama · 1902
- Commonwealth v. LitchfieldDelaware County Court of Quarter Sessions · 1929