Powers v. Chesapeake & O. Ry. Co.
U.S. Circuit Court for the District of Kentucky
Action by ¡John T. Powers against the Chesapeake & Ohio Railway Company. Heard on motion to remand to state court. This is a motion to remand a cause removed from the circuit court of Kenton county, Ky.
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Action by ¡John T. Powers against the Chesapeake & Ohio Railway Company. Heard on motion to remand to state court. This is a motion to remand a cause removed from the circuit court of Kenton county, Ky. On April 14, 1808, the plaintiff, Powers, a citizen of Kentucky, filed his petition in the Kenton circuit court against the Chesapeake & Ohio Railway Company and David T. Evans, alleging that the defendant railway company ivas a citizen of Virginia, and that Evans was a resident of Kenton county, Ky., and that both defendants were jointly guilty of negligence in the operation of a train on the…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). A plaintiff has a joint and several cause of action against, a citizen of another state and citizens of his own state. He joins them in a single action in the state court for the sole purpose of preventing removal by the nonresident to the federal court. After the statutory time for removal has passed, and the joinder of the resident defendants has, as he thinks, effected Ms purpose, the plaintiff'discontinues the case as to all but the nonresident defendant. Does this conduct estop the plaintiff from making the objection that (he petition for removal filed…
2Cases cited19 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Carson v. DunhamSupreme Court of the United States · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Wright v. Missouri Pac. R. Co.Court of Appeals for the Eighth Circuit · 1938
- Parks v. New York Times CompanyDistrict Court, M.D. Alabama · 1961
- Chicago, R. I. & P. Ry. Co. v. BrazzellSupreme Court of Oklahoma · 1912
- Hukill v. Chesapeake & O. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1895
3 more not listed; retrieve them via the Exa API.