Legal Opinion

Hollifield v. Southern Bell Telephone & Telegraph Co.

Supreme Court of North Carolina

Decided December 19, 1916PublishedCited by 6 opinions

Civil actioN tried before Justice, J., and a jury, at February Term, 1916, of McDowell. This action was brought to recover damages for personal injuries .alleged to have been caused by the joint negligence of the defendants.

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Civil actioN tried before Justice, J., and a jury, at February Term, 1916, of McDowell. This action was brought to recover damages for personal injuries .alleged to have been caused by the joint negligence of the defendants. Plaintiff alleged that on 1 August, 1913, he was employed by the defendant company to load the cars of the C. 0. and 0. Railway Company with telephone poles 50 feet in length and from 18 inches to 2 feet in .diameter at one end and 6 to 10 inches at the other. That the bark had been peeled from the poles, and they were not only very heavy, but “hard to handle with…

1Opinion of the Court

Walker, J.,

after stating the case: We have uniformly decided in this Court that when a verified petition which contains facts sufficient under the law to entitle the applicant to a removal is filed and is accompanied by a proper bond, the jurisdiction of the State court is at an end, and that the issues of fact, if properly raised by the petition and papers in the cause, are to be tried and determined by the Federal court and not by the State court in which the action was brought. Herrick v. R. R., 158 N. C., 307; Lloyd v. R. R., 162 N. C., 485; R. R. v. McCabe, 213 U. S., 207; Wecker v.…

2Cases cited35 opinions

  1. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  2. Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
  3. Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
  4. Southern Railway Co. v. MillerSupreme Court of the United States · 1910
  5. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908

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3Cited by6 opinions

  1. Treadwell v. . R. R.Supreme Court of North Carolina · 1915
  2. Holland v. Eugene HospitalOregon Supreme Court · 1928
  3. Harward v. General Motors CorporationDistrict Court, E.D. North Carolina · 1950
  4. Turner v. . Lumber Co.Supreme Court of North Carolina · 1896
  5. Gentry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1923

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