Legal Opinion

Baird v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided September 15, 1893PublishedCited by 2 opinions

The complaint alleged that the plaiutiff’s intestate was a brakeman on defendant’s freight train, and injured by the negligence of defendant in consequence of the defective condition of a locomotive, of which condition the intestate had no notice. The defendant denied the charge of negligence, and averred that intestate knew of the existence of the causes which are alleged to have produced the injury complained of.

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The complaint alleged that the plaiutiff’s intestate was a brakeman on defendant’s freight train, and injured by the negligence of defendant in consequence of the defective condition of a locomotive, of which condition the intestate had no notice. The defendant denied the charge of negligence, and averred that intestate knew of the existence of the causes which are alleged to have produced the injury complained of. The case was heard at August Term, 1893, of Burcombe Superior Court, before Armjidd, X, upon a motion of defendant to remove the cause to the Circuit Court of the United States.…

1Opinion of the Court

Avery, J.:

Where it appears by. affidavit and petition, as prescribed by the act of Congress, that the Circuit Court of the United States has jurisdiction of the parties to and subject-matter of a suit pending in the State Court, and that on account of prejudice and local influence the petitioner will not be able to obtain justice in the Court in which the action *606has been brought, or in any other State Court to which it may be removed under the laws of the State, the Federal Court, if satisfied as to the sufficiency of the proof of prejudice and local influence adverse to the petitioner, may…

2Cases cited10 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Stone v. South CarolinaSupreme Court of the United States · 1886
  3. Steamship Co. v. TugmanSupreme Court of the United States · 1882
  4. Stevens v. NicholsSupreme Court of the United States · 1889
  5. Jefferson v. DriverSupreme Court of the United States · 1886

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3Cited by2 opinions

  1. Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
  2. Thomason v. RailroadSupreme Court of North Carolina · 1906

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