Legal Opinion

Powers v. Chesapeake & Ohio Railway Co.

Supreme Court of the United States

Decided January 10, 1898No. 144PublishedCited by 460 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. This action was brought September 7, 1893, in an inferior court of the State of Kentucky, by Powers against the Chesapeake and Ohio Railway Company, as well as against Boyer, Evans and Hickey, the conductor, engineer -and fireman of a railway train of the company, to recover damages for injuries suffered by the plaintiff from the running of the train against him by the negligence of the defendants.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY. This action was brought September 7, 1893, in an inferior court of the State of Kentucky, by Powers against the Chesapeake and Ohio Railway Company, as well as against Boyer, Evans and Hickey, the conductor, engineer -and fireman of a railway train of the company, to recover damages for injuries suffered by the plaintiff from the running of the train against him by the negligence of the defendants. The summons was not served on Hickey, but was served on the other defendants. The railway company, before its answer…

1Opinion of the Court

Mr.. Justice Gray,

after stating the case, delivered the opinion of the court.

In the Circuit Court of the United States, the plaintiff contended that the court had no jurisdiction to entertain the case and to render the final judgment complained of, because the case had not been duly removed into the court from thé state court in which it had been commenced.

The question thus presented was not, as in Smith v. McKay, 161 U. S. 355, whether a suit, of which the Circuit Court of the United States was admitted to have jurisdiction, was cognizable on the common law or on the equity side of the…

2Cases cited22 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Meyer v. Construction CompanySupreme Court of the United States · 1879
  3. Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
  4. Torrence v. SheddSupreme Court of the United States · 1892
  5. Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889

17 more not listed; retrieve them via the Exa API.

3Cited by460 opinions

  1. Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
  2. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
  3. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  4. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  5. Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899

455 more not listed; retrieve them via the Exa API.

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