Chesapeake & Ohio Railway Co. v. McCabe
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. This action was brought September 27,1901, by the defendant in error- in. the Mason County Circuit Court of Kentucky against the Chesapeake and Ohio Railway Company, a Virginia ■ corporation, and the Maysville and Big Sandy Railroad Company of Kentucky, to recover damages for the death of her intestate, by the negligence, as it is alleged', of the Chesapeake and Ohio Railway Company, in operating one of its trains over…
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ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. This action was brought September 27,1901, by the defendant in error- in. the Mason County Circuit Court of Kentucky against the Chesapeake and Ohio Railway Company, a Virginia ■ corporation, and the Maysville and Big Sandy Railroad Company of Kentucky, to recover damages for the death of her intestate, by the negligence, as it is alleged', of the Chesapeake and Ohio Railway Company, in operating one of its trains over a railroad track, which had been leased to it by the other company. The allegations of the petition in substance are…
1Opinion of the Court
' Mr. Justice Day,
after making the foregoing- statement, delivered the opinion of the court.
From the foregoing statement it is apparent that the princi pal question in this case, and it is the one which we regard as decisive of it, concerns the effect of the judgment rendered in the Circuit Court of the United States after it had taken jurisdiction, which was undertaken to be set up in the state court as a bar to further proceedings therein. It is contended by the defendant in error that when the Court of Appeals of Kentucky rendered its judgment holding that the case was not a removable one…
2Cases cited21 opinions
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- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
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3Cited by114 opinions
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- Ex Parte RoeSupreme Court of the United States · 1914
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