Warax v. Cincinnati, N. O. & T. P. Ry. Co.
U.S. Circuit Court for the District of Kentucky
This is a motion by the plaintiff in the above-entitled cause to remand the case to the state court, where it was begun.
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This is a motion by the plaintiff in the above-entitled cause to remand the case to the state court, where it was begun. Plaintiff’s cause of action against the defendant railway company and its codefendant is stated in the petition as follows: “On March 2, 1892, on said railway, and in the railway yard thereof at Somerset, plaintiff was the servant of the corporate defendant, employed by it as a switchman, and as a member of the crew of a yard locomotive engine and tender then and there belonging to the corporate defendant, and used by it in operating said railway; and defendant Charles…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). Plains tiffs petition seeks to hold the railroad company and Snyder, its *640engineer, as joint tort feasors. If, on the statements in the petition, he is able to do so, then the cause is not removable (Railroad Co. v. Wangelin, 132 U. S. 509, 10 Sup. Ct. 203; Pirie v. Tvedt, 115 U. S. 41, 5 Sup. Ct. 1034, 1161; Sloane v. Anderson, 117 U. S. 275, 6 Sup. Ct. 730; Plymouth Consol. Gold Min. Co. v. Amador & S. Canal Co., 118 U. S. 264, 6 Sup. Ct. 1034; Hedge Co. v. Fuller, 122 U. S. 535, 7 Sup. Ct. 1265), unless it be made to apjtear, to the satisfaction of the…
2Cases cited18 opinions
- Pirie v. TvedtSupreme Court of the United States · 1885
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Sloane v. AndersonSupreme Court of the United States · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Stulginski v. CizauskasSupreme Court of Connecticut · 1939
- Skala v. LehonIllinois Supreme Court · 1931
54 more not listed; retrieve them via the Exa API.