Legal Opinion
Strother v. Union Pac. R.
District Court, W.D. Missouri
Decided March 1, 1915No. 4222PublishedCited by 24 opinions
At Raw. Action by Samuel B. Strother, administrator of Matt Kobetitsch, deceased, against the Union Pacific Railroad Company. On motion to remand to the state court.
1Opinion of the Court
VAN VARKENBURGH, District Judge.
The above-entitled action was commenced in the circuit court of Jackson county, Mo., at Kansas City. On petition of defendant it was removed to this court. Plaintiff now moves to remand the case, on the ground that under section 6 of the Employers’ Riability Act (36 Stat. 291, c. 143), the removal is not permitted. Said section 6 is as follows:
“Under this act an action may be brought in a Circuit Court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Wabash Railroad v. HayesSupreme Court of the United States · 1914
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- Ullrich v. New York, N. H. & H. R.District Court, S.D. New York · 1912
- Sharkey v. Port Blakely Mill Co.U.S. Circuit Court for the District of Washington · 1899
3Cited by24 opinions
- Brendan Holbein v. Baxter Chrysler Jeep, Inc.Court of Appeals for the Eighth Circuit · 2020
- U. S. Industries, Inc. v. GreggDistrict Court, D. Delaware · 1972
- Farmers' Bank & Trust Co. of Hardinsburg v. Atchison, T. & S. F. RY. Co.Court of Appeals for the Eighth Circuit · 1928
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Texas Employers Ins. Ass'n v. FeltCourt of Appeals for the Fifth Circuit · 1945
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