Kansas City Southern Railway Co. v. McGinty
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. . STATEMENT BY THE COURT. This action was brought by Ida L. McGinty in her own right and as next friend of Lucretia A. McGinty, Bernice W. McGinty and Lois L. McGinty, against the Kansas City Southern Railway Company to recover judgment for the damages to them caused by the killing of Joseph W. McGinty by the negligent operation of defendant’s railway.
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Appeal from Sebastian Circuit Court, Fort Smith District. Styles T. Rowe, Judge. . STATEMENT BY THE COURT. This action was brought by Ida L. McGinty in her own right and as next friend of Lucretia A. McGinty, Bernice W. McGinty and Lois L. McGinty, against the Kansas City Southern Railway Company to recover judgment for the damages to them caused by the killing of Joseph W. McGinty by the negligent operation of defendant’s railway. Ida L. is the widow of the deceased, and Lucretia A., Bernice W. and Lois L. McGinty are minors, and the children of Joseph W. and Ida L. McGinty. The widow and…
1Opinion of the Court
Battue, J.,
(after stating the facts.) The appellant has abandoned the first ground for removal set out in its petition. He has no right to removal on the second ground. Dick v. Poraker, 155 U. S. 404, cited by him to sustain his petition as to the second ground, does not apply. That was a suit in equity brought by a citizen of Ohio against a citizen of Illinois in the circuit court of the United States for the Eastern District of Arkansas, to remove the cloud from a title of real estate situated in that district. The jurisdiction was sustained upon the ground that the suit was local, and had…
2Cases cited14 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Dick v. ForakerSupreme Court of the United States · 1894
- Hooe v. JamiesonSupreme Court of the United States · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Monongahela River Consol. Coal & Coke Co. v. SchinnererCourt of Appeals for the Sixth Circuit · 1912
- Southwest Power Company v. PriceSupreme Court of Arkansas · 1929
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. IngramSupreme Court of Arkansas · 1906
- Southern Express Co. v. HillSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.