McCabe's Admx. v. Maysville & B. S. R.
Court of Appeals of Kentucky
Case 103 — Action to Recover Damages por the Death op Plaintipp’s Intestate. — APPEAL prom mason circuit,court. Judgment Removing Cause to United States Circuit Court and Plaintive Appeals.
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Case 103 — Action to Recover Damages por the Death op Plaintipp’s Intestate. — APPEAL prom mason circuit,court. Judgment Removing Cause to United States Circuit Court and Plaintive Appeals. We submit that the court erred in directing this ease to be transferred to the federal court for the following reasons: 1. The petition for removal does not allege that the lessee corporation, C. & O. R. R. Co., has power to take; such povfer being as essential to a valid lease as the power to transfer. L. & N. R. R. Co. v. Breeden’s Admr., 23 R., 1029; Thomas v. West Jersey R. R. Co., Ill U. S., 71; Gibbs…
1Opinion of the Court
*866Opinion op the court by
JUDGE HOBSON
Reversing.
Appellant, Emma R. McCabe, as administratrix of Peter McCabe, deceased, filed this suit in the Mason circuit court against appellees, the Maysville & Big Sandy Railroad Company and the Chesapeake & Ohio Railway Company, to recover damages for the death of her intestate, who, she alleged, was killed in September, 1901, while walking along Third street in the city of Maysville, by ah engine and train of the Chesapeake & Ohio Railway Company, by reason of the negligence of its agents in charge thereof', as well as the negligence of the Maysville & Big…
2Cases cited26 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Central & Montgomery Railroad v. Morris & CrawfordTexas Supreme Court · 1887
- Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- Davis' Admr. v. Chesapeake & O. Ry. Co.Court of Appeals of Kentucky · 1903
- Louisville & Nashville Railroad v. JohnsonCourt of Appeals of Kentucky · 1916
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
16 more not listed; retrieve them via the Exa API.