Whitcomb v. Smithson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This was an action brought in the District Court of Ramsay County, Minnesota, by John A. Smithson against the Chicago Great Western Railway Company, and H. F. Whitcomb and Howard Morris, receivers of the Wisconsin Central Company, to recover for personal injuries while he was serving the Chicago Great Western Railway Company as a locomotive fireman, in a collision between the lpcomotive on which he was at work and another…
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. This was an action brought in the District Court of Ramsay County, Minnesota, by John A. Smithson against the Chicago Great Western Railway Company, and H. F. Whitcomb and Howard Morris, receivers of the Wisconsin Central Company, to recover for personal injuries while he was serving the Chicago Great Western Railway Company as a locomotive fireman, in a collision between the lpcomotive on which he was at work and another locomotive operated by Whitcomb and Morris, as receivers of the Wisconsin Railway Company, appointed bjr the United…
1Opinion of the CourtChief Justice Fuller
The action of the Circuit Court in remanding the cause after its removal on the first application is not open to revision on this writ of error. Missouri Pacific Railway v. Fitzgerald, 160 U. S. 556. And if the state court did not err in denying the second application, the motion to affirm must be sustained, as we think the question of the effect of that remanding order gave color for the motion to dismiss.
The record shows that the Circuit Court granted the motion to remand on the authority of Thompson v. Chicago, St. Paul &c. Railway, 60 Fed. Rep. 773, in which case it was ruled that there…
2Cases cited2 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Missouri Pacific Railway Co. v. FitzgeraldSupreme Court of the United States · 1896
3Cited by116 opinions
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- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Knudson v. Systems Painters, Inc.Court of Appeals for the Eighth Circuit · 2011
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
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