Legal Opinion

Newell v. Baltimore & O. R. Co.

U.S. Circuit Court for the District of Western Pennsylvania

Decided September 16, 1910No. 87PublishedCited by 7 opinions

Action by Frank A. Newell against the Baltimore & Ohio Railroad Company. On motion to rescitid an order dismissing the action for want of jurisdiction.

1Opinion of the Court

ORR, District Judge.

This matter comes before the court upon a motion of plaintiff’s counsel to rescind an order of this court dismissing the action for want of jurisdiction. The plaintiff is a citizen of Pennsylvania. The defendant is a corporation (and therefore an inhabitant) of Maryland.

The action is brought to recover damages for personal injuries alleged to have resulted from the negligence of the defendant. The suit was brought on March 5, 1910. The statement then filed set forth nothing from which an inference could be drawn that the action was not an ordinary common-law action. This…

2Cases cited4 opinions

  1. MacOn Grocery Co. v. Atlantic Coast Line RailroadSupreme Court of the United States · 1910
  2. Cound v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Western Texas · 1909
  3. Whittaker v. Illinois Cent. R.U.S. Circuit Court for the District of Eastern Louisiana · 1910
  4. Smith v. Detroit & T. S. L. R.District Court, N.D. Ohio · 1909

3Cited by7 opinions

  1. Branic v. Wheeling Steel CorporationCourt of Appeals for the Third Circuit · 1946
  2. Venner v. Pennsylvania Steel Co.District Court, D. New Jersey · 1918
  3. Bacon v. Federal Reserve BankDistrict Court, E.D. Washington · 1923
  4. Erie R. v. KennedyCourt of Appeals for the Sixth Circuit · 1911
  5. Ft. Smith W. R. Co. v. BlevinsSupreme Court of Oklahoma · 1913

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