St. Louis, Iron Mountain & Southern Railway Co. v. Brown
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. The court below had no jurisdiction over a cause of action arising in the Indian Territory. There is no such thing as comity except between equals. See Webst. Diet. Comity.
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Appeal from Crawford Circuit Court. The court below had no jurisdiction over a cause of action arising in the Indian Territory. There is no such thing as comity except between equals. See Webst. Diet. Comity. Hence there can be no concurrent jurisdiction between the state court and the federal court for the Territory. 18 Wall. 317; 11 Otto, .129; 9 How. 238. The burden was on the appellee to show both that the accident was the result of negligence of the master, and that it was not the result of a risk which he had impliedly assumed, as one of the usual and ordinary hazards of the business.…
1Opinion of the CourtBattle, J.
William M. Brown instituted this action against the St. Louis, Iron Mountain & Southern; Railway Company, in the Crawford circuit court, to recover damages caused by injuries received by him in the Indian Territory. The plaintiff recovered a judgment against the defendant for six thousand dollars. To set aside this judgment, the defendant prosecutes an appeal to this court.
The plaintiff alleged, in his complaint, that the defendant was a corporation, created and organized under the laws of the states of Missouri and Arkansas; that the Kansas & Arkansas Valley Railway Company was a corporation…
2Cases cited22 opinions
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Norris v. HarrisCalifornia Supreme Court · 1860
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Sack v. DoleseIllinois Supreme Court · 1891
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Midland Valley Railroad v. LemoyneSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of Arkansas · 1911
- Johnson v. NelsonSupreme Court of Minnesota · 1915
- American Railway Express Co. v. H. Rouw Co.Supreme Court of Arkansas · 1927
- Magnolia Petroleum Co. v. TurnerSupreme Court of Arkansas · 1933
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