Chicago, Rock Island & Pacific Railway Co. v. Whiteaker
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the validity of the removal from the state to the Federal court of a case against joint tort feasors one of which was a railroad company not a resident, and the other an individual resident, of plaintiff’s State, are stated in the opinion. The question for determination in this case is whether the removal of the suit to the Federal court should not have been allowed.
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ERROR TO THE SUPREME COURT OP THE STATE OP MISSOURI. The facts, which involve the validity of the removal from the state to the Federal court of a case against joint tort feasors one of which was a railroad company not a resident, and the other an individual resident, of plaintiff’s State, are stated in the opinion. The question for determination in this case is whether the removal of the suit to the Federal court should not have been allowed. The allegations of fact, which the state court was obliged to accept as true, entitled the petitioning defendant to remove the suit to the United…
1Opinion of the CourtJustice McKenna
Action for damages brought against the Chicago, Rock .Island & Pacific Railway Company and Frank Drake as defendants in the Circuit Court of Clinton County, State of Missouri.
The action was for personal injuries inflicted upon defendant in error by Drake, who was a conductor on a train of the railway company. It is alleged that Drake, “while acting in the line of his duties to defendant-railway company, as such conductor and agent and in the course of his employment, approached plaintiff (who was then sitting on the top of one of the cars in said train) ... .
and wrongfully and unlawfully”…
2Cases cited2 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
3Cited by49 opinions
- Triggs v. John Crump Toyota, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
- Rutherford v. Merck & Co., Inc.District Court, S.D. Illinois · 2006
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Johnson v. Pacific Intermountain Express Co.Supreme Court of Missouri · 1983
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