Hukill v. Chesapeake & O. Ry. Co.
U.S. Circuit Court for the District of Kentucky
Action by Eugene Hukill, administrator of L. A. Hukill, deceased, against the Chesapeake & Ohio Railway Company, for the death of plain riff’s intestate, commenced in the state court of Kentucky, and removed by defendant to the circuit court of the United States. Plaintiff moves to remand. Tliis is a motion to remand.
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Action by Eugene Hukill, administrator of L. A. Hukill, deceased, against the Chesapeake & Ohio Railway Company, for the death of plain riff’s intestate, commenced in the state court of Kentucky, and removed by defendant to the circuit court of the United States. Plaintiff moves to remand. Tliis is a motion to remand. Oil May 1G, 1894, Eugene Hukill, as administrator of E. A. Hulcill, deceased, tiled his petition against the Maysville & Big Bandy Railroad Company, the Chesapeake & Ohio Railway Company, O. E. Acra, George W. Shumate, Henry Thien, and John Schappart. Tile petition averred that…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). In the case of Powers v. Railway Co. (just decided) 65 Fed. 129, we have had occasion to consider much the same question which is here presented. We have no doubt whatever that the sole purpose of plaintiff and his counsel in joining the other defendants with the Chesapeake & Ohio Railway Company was to defeat the latter’s right to remove the case to this court. The statement of counsel to the jury was in effect an admission that such had been his purpose in the joinder, and that, having served that purpose, he had dismissed them. It is attempted to explain the…
2Cases cited2 opinions
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Powers v. Chesapeake & O. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1895
3Cited by3 opinions
- Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Cookerly v. Great Northern Ry. Co.U.S. Circuit Court for the District of Washington · 1895