Colasurdo v. Central R. R. of New Jersey
U.S. Circuit Court for the District of Southern New York
At Law. Action by Michael Colasurdo against the Central Railroad of New Jersey. Verdict for plaintiff. Motion for new trial on exceptions. This is an action of negligente against a railroad company. The plaintiff was a track walker whose leg was cut off by a train of four'cars running without an engine in the Jersey City yard of the defendant on Christmas day, 1908, at about 10 minutes before 7, at which time he and two other men were at work repairing a switch in the yard.
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At Law. Action by Michael Colasurdo against the Central Railroad of New Jersey. Verdict for plaintiff. Motion for new trial on exceptions. This is an action of negligente against a railroad company. The plaintiff was a track walker whose leg was cut off by a train of four'cars running without an engine in the Jersey City yard of the defendant on Christmas day, 1908, at about 10 minutes before 7, at which time he and two other men were at work repairing a switch in the yard. The man actually at work upon the switch was one Nighland, who was in command of the plaintiff and another track walker.…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The question is squarely raised in this case of the jurisdiction of this court. In so far as it depends upon diverse citizenship, the case must be remanded under Act March 3, 1875, c. 137, 18 Stat. 470 (U. S. Comp. St. 1901, p. 507). That act provides, in section 5, that, if at any time it appears that the suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of the said Circuit Court, that court shall proceed no further, but dismiss the suit or remand it to the court from which it was removed, as justice…
2Cases cited13 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The Employers'liability CasesSupreme Court of the United States · 1908
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Reid v. ColoradoSupreme Court of the United States · 1902
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Northern Pac. Ry. Co. v. MaerklCourt of Appeals for the Ninth Circuit · 1912
- Lamphere v. Oregon R. & Nav. Co.Court of Appeals for the Ninth Circuit · 1912
- Horton v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1913
- Grow v. Oregon Short Line Ry. Co.Utah Supreme Court · 1913
- Wabash Ry. Co. v. BridalCourt of Appeals for the Eighth Circuit · 1938
36 more not listed; retrieve them via the Exa API.