Illinois Central Railroad v. Sheegog
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OP THE STATE OF KENTUCKY. The facts are stated in the opinion. The lessor and conductor were joined as' petitioner’s co-defendants solely to prevent a removal to the Federal court, and the trial court sustained their motions for peremptory instructions' in their favor, and plaintiff below- prosecuted no appeal from these judgments, but abandoned his case as to them both.
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ERROR TO THE COURT OF APPEALS OP THE STATE OF KENTUCKY. The facts are stated in the opinion. The lessor and conductor were joined as' petitioner’s co-defendants solely to prevent a removal to the Federal court, and the trial court sustained their motions for peremptory instructions' in their favor, and plaintiff below- prosecuted no appeal from these judgments, but abandoned his case as to them both. The allegations of fact in a petition for removal must be accepted by the state court as true,-because an issue on such allegations can be tried only in the Federal court. Railway v. Dunn, 122 U.…
1Opinion of the CourtJustice Holmes
This is a writ of error to reverse a judgment rendered by the Court of Appeals of Kentucky in favor'of the defendant in error, notwithstanding a petition and bond for removal to the Circuit Court of the United States. I. C. Ry. Co. v. Sheegog's Admr., 126 Kentucky, 252.
The defendant in error brought this actijon for causing the'{ death of his intestate, John E. Sheegog, by the throwing off the track of a railroad train upon which th^ deceased was employed as an engineer. The defendants were the conductor of the train, the Illinois Central Railroad' Company, which was operating the railroad…
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