Moseley v. Chamberlain
Wisconsin Supreme Court
APPEAL from the County Court' of Milwaukee County. The plaintiff, as administratrix of her son, Willis Moseley, deceased, commenced her action in October, 1860, in said county court (under secs. 12 and 13, ch. 135, E..
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APPEAL from the County Court' of Milwaukee County. The plaintiff, as administratrix of her son, Willis Moseley, deceased, commenced her action in October, 1860, in said county court (under secs. 12 and 13, ch. 135, E.. S.), to recover damages for injuries done to said Willis (resulting in his death), on the La Crosse and Milwaukee railroad, on the 26th of September, 1859. The complaint alleges that, on the day last mentioned, the defendant was operating said road as lessee or mortgagee in possession, and was engaged in the business of a common carrier, and for that purpose employed…
1Opinion of the Court
By the Court,
DIXON, O. J.
The action was ’ commenced in the county court of the county of Milwaukee by the plaintiff, a citizen and resident of this state, against the defendant, a citizen and resident of the state of Ohio. The defendant applied under the twelfth section of the judiciary act of 1789, (U. S. Stat. at Large, p. 79) for the removal of the cause into-the district court of the United States for this district, which was refused. I hold that the defendant’s' petition and proceedings for that purpose were regular, and that the cause ought to have been removed. I think, therefore, that…
2Cases cited2 opinions
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Chamberlain v. Mil. & Miss. R. R.Wisconsin Supreme Court · 1860
3Cited by14 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Union Pacific Railway Co. v. MillikenSupreme Court of Kansas · 1871
- Hawkins v. SmithSupreme Court of Missouri · 1912
- Howland v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Heine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1883
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