Baltimore & O. R. v. McLaughlin
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Houtliern District: of Ohio. This action was begun in the circuit court of the United States for the Southern district of Ohio, Uastern division, by .John R. McLaugmin, against the Baltimore & Ohio Railroad Company, to recover damages for an injury sustained by him while riding .upon a freight car of the defendant, with two horses which he had shipped from Bloominglmrg, Ohio, on the…
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In Error to the Circuit Court of the United States for the Eastern Division of the Houtliern District: of Ohio. This action was begun in the circuit court of the United States for the Southern district of Ohio, Uastern division, by .John R. McLaugmin, against the Baltimore & Ohio Railroad Company, to recover damages for an injury sustained by him while riding .upon a freight car of the defendant, with two horses which he had shipped from Bloominglmrg, Ohio, on the defendant's railroad, to Columbus. Ohio In the original petition the plaintiff made no averment as to his own citizenship, and…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The first objection made by the plaintiff in error is that the averments of jurisdiction in the amended petition are not sufficient to show that the plaintiff was a citizen of Ohio at the time of the filing of the petition. The amended petition in this case was merely the addition to the original petition of the averment with reference to the citizenship. It was an amendment to the original petition, and the new averment contained in the amendment had relation, in point of time, to the filing of the original petition. A case presenting a eloselyanalogous…
2Cases cited9 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Muller v. DowsSupreme Court of the United States · 1876
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Stevens v. NicholsSupreme Court of the United States · 1889
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
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3Cited by7 opinions
- Allen v. ClarkDistrict Court, S.D. California · 1938
- Carter-Crume Co. v. PeurrungCourt of Appeals for the Sixth Circuit · 1900
- Jenkins v. Pullman Co.Court of Appeals for the Ninth Circuit · 1938
- Nevin v. CatanachSupreme Court of Pennsylvania · 1919
- Chesapeake & O. Ry. Co. v. CoffeyCourt of Appeals for the Fourth Circuit · 1930
2 more not listed; retrieve them via the Exa API.