Sears v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Randolph Cirenit Court. — Hon. A. H. Waller, Judge. (1) A sufficient petition and bond for removal having been filed in due time by The Atchison, Topeka & Santa Fe Railway Company, it was the duty of the court below to proceed no further, except to make an order or removal, and all subsequent proceedings were coram non judice. Wecker v. Enameling’ Co., 204 U. S. 176; Donovan v. Wells Fargo & Co., 169 Fed. Rep. 363; Hunter v. Railroad, 188 Fed.
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Appeal from Randolph Cirenit Court. — Hon. A. H. Waller, Judge. (1) A sufficient petition and bond for removal having been filed in due time by The Atchison, Topeka & Santa Fe Railway Company, it was the duty of the court below to proceed no further, except to make an order or removal, and all subsequent proceedings were coram non judice. Wecker v. Enameling’ Co., 204 U. S. 176; Donovan v. Wells Fargo & Co., 169 Fed. Rep. 363; Hunter v. Railroad, 188 Fed. Rep. 645; Shaver v. Milk Co., 185 Fed. Rep. 316; Reinartson v. Railroad, 174 Fed. Rep. 707; McAlister v. Railroad, 157 Fed. Rep. 740;…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of the defendant Wahash Railway Company in the capacity of an engineer on one of its engines. He suffered personal injury in having one of his legs broken, by reason, as he charges in his petition, of the joint negligence of the Wabash Company and the other defendant, the Atchison, Topeka & Santa Fe Railway Company. There was a judgment for plaintiff in the trial court.
The petition charges the companies with operating lines of railway in this state. It then charges that these companies were “engaged jointly in operating their said railroads over joint track from…
2Cases cited11 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
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3Cited by1 opinion
- Weaver v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913