Charman v. Lake Erie & W. R. Co.
U.S. Circuit Court for the District of Indiana
At Law. On motion to remand to state court. This is an action by the plaintiff, as administrator, against the defendants to recover damages for the death of Frank Coffman by the wrongful acts and omissions of tbe defendants. The action was begun in the circuit court of Delaware county, Ind., and removed into this court.
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At Law. On motion to remand to state court. This is an action by the plaintiff, as administrator, against the defendants to recover damages for the death of Frank Coffman by the wrongful acts and omissions of tbe defendants. The action was begun in the circuit court of Delaware county, Ind., and removed into this court. It is alleged that on November 29, 1899, Frank Coffman died intestate, and ihat letters of administration upon decedent’s estate were duly issued to the plaintiff, who has duly qualified and entered upon the duties of his office; that on and long prior to November 29, 1899,…
1Opinion of the CourtBaker, District Judge
(after stating the facts). The statement that the defendant Oliver was joined as a co-defendant with the petitioner for the purpose of preventing a removal is of no importance. If the plaintiff had the right to bring a joint action against the company and its servant for the negligent killing of the plaintiffs intestate, his motive or purpose in so doing is immaterial. In respect to the removal of actions for tort on the ground of a separable controversy, certain matters are too firmly settled to be open to dispute. In Railroad Co. v. Wangelin, 132 U. S. 599, 10 Sup. Ct. 203, 33 L. Ed. 473,…
2Cases cited25 opinions
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Torrence v. SheddSupreme Court of the United States · 1892
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
20 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Lake Erie & Western Railroad v. CharmanIndiana Supreme Court · 1903
- Dowell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910
- Coalgate Co. v. BrossSupreme Court of Oklahoma · 1909
- Helms v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1903
7 more not listed; retrieve them via the Exa API.