Garrett v. Louisville & N. R.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Middle District of Tennessee. Action by C. W. Garrett, administrator of T. W. Lewis, Jr., against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff brings error. This action was originally brought in the circuit court of Houston county, Tenn., and on petition of the railroad company was removed to the court below.
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In Error to the Circuit Court of the United States for the Middle District of Tennessee. Action by C. W. Garrett, administrator of T. W. Lewis, Jr., against the Louisville & Nashville Railroad Company. Judgment for defendant, and plaintiff brings error. This action was originally brought in the circuit court of Houston county, Tenn., and on petition of the railroad company was removed to the court below. The declaration contains three counts, and in each it is alleged that ■“plaintiff is a citizen of the state of Kentucky, and is the administrator of T. W. Lewis, Jr., by appointment of the…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1, 2] We take it that no question of jurisdiction of the trial court can arise; for assuming, without deciding, that removal of the cause from the' state court to the court below was not warranted upon the ground of alleged diversity of citizenship (Cincinnati, H. & D. R. Co. v. Thiebaud, 114 Fed. 918, 924, 52 C. C. A. 538 [C. C. A. 6th Cir.]; Amory v. Amory, 95 U. S. 186, 187, 24 L. Ed. 428; Continental Ins. Co. v. Rhoads, 119 U. S. 239, 240, 7 Sup. Ct. 193, 30 L. Ed. 380; McDuffie v. Montgomery [C. C.] 128 Fed. 105, 107; Acts of Tennessee 1903, c. 501,…
2Cases cited40 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- In Re MooreSupreme Court of the United States · 1908
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
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3Cited by16 opinions
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Parson v. MurphyNebraska Supreme Court · 1917
- Cleveland, C., C. & St. L. Ry. Co. v. HirschCourt of Appeals for the Sixth Circuit · 1913
- Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
- Illinois Cent. R. v. PorterCourt of Appeals for the Sixth Circuit · 1913
11 more not listed; retrieve them via the Exa API.