Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Martin

Supreme Court of the United States

Decided May 21, 1900No. 135PublishedCited by 357 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action brought by Lissa Martin as administratrix of William Martin, deceased, against the Chicago, Bock Island and Pacific Eailroad Company, and Clark and others, receivers of the Union Pacific Bail way Company, in the District Court of Clay County, Kansas, to recover damages for the death of the decedent.

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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. This was an action brought by Lissa Martin as administratrix of William Martin, deceased, against the Chicago, Bock Island and Pacific Eailroad Company, and Clark and others, receivers of the Union Pacific Bail way Company, in the District Court of Clay County, Kansas, to recover damages for the death of the decedent. Plaintiff’s petition was filed January 26, 1894, and on February 14, 1894, the Chicago, Bock Island and Pacific Bailroad Company filed its separate answer thereto. February 20, 1894, defendants Clark and others, as receivers,…

1Opinion of the CourtChief Justice Fuller

Assuming that as to the receivers the case may be said to have arisen under the Constitution and laws of the United States, the question is whether it was necessary for the Chicago, Rock Island and Pacific Railroad Company, defendant, to join in the application of its co-defendants, the receivers of the Union Pacific Railway Company, to effect a removal to the Circuit Court.

The Rock Island Company was not a corporation of Kansas, and all the receivers of the Union Pacific Railroad Company were citizens of some other State than the State of Kansas. But the receivers applied for removal, after…

2Cases cited7 opinions

  1. Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
  2. Torrence v. SheddSupreme Court of the United States · 1892
  3. Mitchell v. SmaleSupreme Court of the United States · 1891
  4. Whitcomb v. SmithsonSupreme Court of the United States · 1900
  5. Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by357 opinions

  1. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  2. Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
  3. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  4. Northern Illinois Gas Company, an Illinois Corporation v. Airco Industrial Gases, a Division of Airco, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
  5. Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth AdkinsCourt of Appeals for the Sixth Circuit · 2003

352 more not listed; retrieve them via the Exa API.

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