Martin v. St. Louis S. W. Ry. Co. of Texas
U.S. Circuit Court for the District of Western Texas
On Motion to Remand to State Court. This suit was brought by the plaintiff, as a passenger, to recover damages for personal Injuries sustained while attempting to .cross an open culvert, which the petition alleges was negligently constructed and maintained by the two defendants. The question to be considered arises upon a motion to remand the cause to the state court.
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On Motion to Remand to State Court. This suit was brought by the plaintiff, as a passenger, to recover damages for personal Injuries sustained while attempting to .cross an open culvert, which the petition alleges was negligently constructed and maintained by the two defendants. The question to be considered arises upon a motion to remand the cause to the state court. It appears from the record that the plaintiff is a citizen of Texas; that the defendant St. Louis Southwestern Railway Company of Texas is a corporation organized under the laws of this state; and that the defendant the Texas &…
1Opinion of the Court
MAXEY, District Judge.
It is conceded by counsel representing the respective parties, and the motion to remand is based upon the theory, that the purpose of the suit is to establish a joint liability against the two defendants, the one being a Texas corporation, and the other a corporation deriving its charter, and hence its corporate powers, from acts of Congress. It is therefore apparent that the cause is not removable under either clause 2 of section 2, or clause 3 of section 2, of the act of March 3, 1887, c. 373, 24 Stat. 552, as corrected by the act of August 13, 1888, c. 866, 25 Stat.…
2Cases cited12 opinions
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- UNION PACIFIC RAILWAY COMPANY v. MyersSupreme Court of the United States · 1885
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. CodySupreme Court of the United States · 1897
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3Cited by3 opinions
- Town of Fairfax, Okl. v. AshbrookDistrict Court, N.D. Oklahoma · 1933
- Choctaw, O. G. R. Co. v. HamiltonSupreme Court of Oklahoma · 1908
- Loughnan v. HinesDistrict Court, W.D. Washington · 1919