Calvert v. Southern Ry. Co.
Supreme Court of South Carolina
Before Gary, J., Abbeville, October, 1899. Action by W. A. Calvert, administrator of D. C. Calvert, against Southern Ry. Co. From Circuit order refusing to sustain removal to 'Circuit Court of the United States, defendant appeals. cited: On question of removal: 53 S. C., 246; 161 U. S., 545; 176 U. S., 659; 170 U. S., 100, 552; Rev. Stat. U. S., secs. 639 et seq.; Con. U. S., art. III., sec. 3; 49 s. c„ 539.
1Opinion of the Court
August 10, 1900. The opinion by the Supreme Court was delivered by This action was for $10,000 damages for alleged negligent killing of plaintiff's intestate by the defendant company on its line of railway, in Abbeville County, in this State. Before entering upon trial the defendant interposed objection to the jurisdiction of the Court on the ground of defendant's right to remove said cause to the Circuit Court of the United States, based upon the following agreed statement of facts:
"1. That the Southern Railway Company, on the 18th of June, 1894, became a corporation under the laws of the…
2Cases cited4 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Pelzer Manufacturing Co. v. Sun Fire OfficeSupreme Court of South Carolina · 1892
- Mathis v. Southern Railway Co.Supreme Court of South Carolina · 1898
- Dunham v. CarsonSupreme Court of South Carolina · 1892
3Cited by7 opinions
- Southern Ry. Co. v. QueryDistrict Court, E.D. South Carolina · 1927
- Adams v. Chattanooga Co.Tennessee Supreme Court · 1913
- Carolina & N. W. Ry. Co. v. Town of CloverDistrict Court, W.D. South Carolina · 1929
- Carolina, Clinchfield & Ohio Railway v. McCownSupreme Court of South Carolina · 1909
- Owens v. Atlantic Coast Line R. Co.District Court, E.D. South Carolina · 1947
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