St. Louis & San Francisco Railroad v. Kitchen
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The petition to transfer to the Federal court deprived the State court of jurisdiction. 75 Ark. 116; Dillon on Removal of Causes, § 75; 18 Enc. PI. & Pr. 338, 341; 176 Fed. 872; 81 Id. 518; 47 Id. 530; 213 U. S. 207; 215 Id. 437. 2. The deceased was not a passenger, not having been accepted by any one authorized to receive passengers. Hutchinson on Car.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The petition to transfer to the Federal court deprived the State court of jurisdiction. 75 Ark. 116; Dillon on Removal of Causes, § 75; 18 Enc. PI. & Pr. 338, 341; 176 Fed. 872; 81 Id. 518; 47 Id. 530; 213 U. S. 207; 215 Id. 437. 2. The deceased was not a passenger, not having been accepted by any one authorized to receive passengers. Hutchinson on Car. (3 ed.) § § 997-1000 ;4 Elliott on Railroads, § § 1581-2! 96 Ark. 558; 85 Ark. 504-508; 76 Id. 106; 178 Fed. 894-899; 176 Id. 519. One cannot impress or impose the obligations of a…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Cassie Kitchen, instituted this action in the circuit court of Crawford County against defendant railroad company to recover damages resulting from the death of her husband, George T. Kitchen, which is alleged to have been caused by negligence of defendant’s servants while he, the said George T. Kitchen, was riding on one óf defendant’s trains in the State of Oklahoma. The trial of the case resulted in a verdict in favor of plaintiff, and defendant appealed.
The first question presented is upon the ruling of the trial court in refusing to enter an order of removal to the Federal…
2Cases cited10 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
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3Cited by13 opinions
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Eddy v. Chicago & N. W. Ry. Co.District Court, W.D. Wisconsin · 1915
- Chicago, Rock Island & Pacific Railway Co. v. CobbsSupreme Court of Arkansas · 1921
8 more not listed; retrieve them via the Exa API.