Kansas City & T. Ry. Co. v. Interstate Lumber Co.
U.S. Circuit Court for the District of Western Missouri
At Law. Condemnation proceedings by the Kansas City & Topeka Railway Company against the Interstate Lumber Company. Motion of petitioner to remand cause to state court, or to appoint commissioners to assess damages.
1Opinion of the CourtPhilips, J.
The petitioner instituted this proceeding in one of the circuit courts of Jackson county, Mo., for the condemnation to its use of certain land belonging to the defendant. The petitioner is a railroad corporation, claiming the right of condemnation under grant of power therefor under the statutes of this state. Both parties are non-residents. On service of summons on defendant, it appeared before the state court, and filed its petition for the removal of the cause to this court. The removal was accordingly made. The record from the state court is properly returnable to the next session of the…
2Cases cited2 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Mahoney Min. Co. v. BennettU.S. Circuit Court for the District of California · 1877
3Cited by8 opinions
- Thompson v. Chicago, St. P. & K. C. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1894
- Hamilton v. FowlerU.S. Circuit Court for the District of Western Tennessee · 1897
- Harrington v. Great Northern Ry. Co.District Court, N.D. Iowa · 1909
- Hartford & C. W. R. Co. v. MontagueU.S. Circuit Court for the District of Connecticut · 1899
- North American Transportation & Trading Co. v. HowellsCourt of Appeals for the Ninth Circuit · 1903
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