Southern Railway Co. v. Barrett, Denton & Lynn Co.
Supreme Court of Georgia
Action for damages. Before Judge Eite. Whitfield superior court. July 28, 1913. Barrett, Denton & Lynn Company, for the use of Millers’ National Insurance Company, Michigan Millers’ Mutual Eire Insurañce Company, Millers’ Mutual Eire Insurance Association of Illinois, and Western Millers’ Mutual Eire Insurance Company, brought- suit against the Southern Bailway Company for the purpose of recovering damages on account of the burning of property belonging to the plaintiff,…
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Action for damages. Before Judge Eite. Whitfield superior court. July 28, 1913. Barrett, Denton & Lynn Company, for the use of Millers’ National Insurance Company, Michigan Millers’ Mutual Eire Insurañce Company, Millers’ Mutual Eire Insurance Association of Illinois, and Western Millers’ Mutual Eire Insurance Company, brought- suit against the Southern Bailway Company for the purpose of recovering damages on account of the burning of property belonging to the plaintiff, alleged to have been caused by fire set out by an engine of the defendant.- It was alleged that the insurance companies had…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) This suit was brought by the Barrett, Denton & Lynn Company, for the use of certain insurance companies, against the Southern Bailway Company. The defendant filed an application to remove the ease to the *586circuit court of the United States, on the ground of diversity of citizenship, alleging that the plaintiff was a corporation of Georgia, and the defendant a corporation of Virginia. The court refused to grant an order of removal. The only ground on which it was contended here that this refusal could rest was that the insurance companies were the real…
2Cases cited13 opinions
- Mexican National Railroad v. DavidsonSupreme Court of the United States · 1895
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
- Schley v. LyonSupreme Court of Georgia · 1849
- Holcombe v. Richmond & Danville RailroadSupreme Court of Georgia · 1887
- Governor ex rel. Moore v. HicksSupreme Court of Georgia · 1852
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3Cited by2 opinions
- Sullivan v. CurlingSupreme Court of Georgia · 1919
- Atlanta Cadillac Co. v. ManleyCourt of Appeals of Georgia · 1923