Legal Opinion

Mahone v. Manchester & Lawrence Railroad

Massachusetts Supreme Judicial Court

Decided November 15, 1872PublishedCited by 20 opinions

Tort by a citizen of this Commonwealth against a railroad corporation established by the laws of New Hampshire, for an injury suffered by him while a passenger in their cars from their negligence in the management of the train.

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Tort by a citizen of this Commonwealth against a railroad corporation established by the laws of New Hampshire, for an injury suffered by him while a passenger in their cars from their negligence in the management of the train. Ad damnum $10,000. In the Superior Court, before trial, the defendants filed a petition, as follows : “ The Manchester and Lawrence Railroad Corporation, defendant in the above suit, respectfully represents that it is a corporation duly established by the laws of New Hampshire, and is a citizen of said State of New Hampshire; that the plaintiff has alleged and does…

1Opinion of the CourtGray, J.

The act of Congress of 1867, c. 196, authorizing suits pending in any court of a state, between a citizen of that state and a citizen of another state, to be removed, upon the petition and affidavit of the latter, at any time before the final hearing or trial, into the Circuit Court of the United States, has been held by the Supreme Court of the United States to be constitutional, and to include corporations as well as individuals. Railway Co. v. Whitton, 13 Wall. 270.

But, in order to transfer the case from the state to the federal court, the requirements of the act of Congress must be…

2Cases cited10 opinions

  1. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  2. Bank of United States v. DunnSupreme Court of the United States · 1832
  3. Henshaw v. BissellSupreme Court of the United States · 1874
  4. Bigelow v. ForrestSupreme Court of the United States · 1870
  5. Bryant v. RichMassachusetts Supreme Judicial Court · 1870

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3Cited by20 opinions

  1. Kelly v. Citizens Finance Co. of Lowell, Inc.Massachusetts Supreme Judicial Court · 1940
  2. Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1937
  3. Tobin v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1979
  4. Sears v. Corr Manufacturing Co.Massachusetts Supreme Judicial Court · 1922
  5. Stone v. SargentMassachusetts Supreme Judicial Court · 1880

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