Kansas City Suburban Belt Railway Co. v. Herman
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF KANSAS. This was an action brought by Andrew Herman, a minor, by his next friend, in the Court of Common Pleas of Wyan-dotte County, Kansas, September 18, 1897, again'st the Union Terminal.Railway Company, a corporation of Kansas, and the Kansas City Suburban'Belt Railway Company, a corporation of Missouri, to recover damages for injuries inflicted through, their joint or concurrent negligence.
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ERROR TO THE SUPREME COURT OP THE STATE OF KANSAS. This was an action brought by Andrew Herman, a minor, by his next friend, in the Court of Common Pleas of Wyan-dotte County, Kansas, September 18, 1897, again'st the Union Terminal.Railway Company, a corporation of Kansas, and the Kansas City Suburban'Belt Railway Company, a corporation of Missouri, to recover damages for injuries inflicted through, their joint or concurrent negligence. The Belt Railway Company, October .18,-1897, filed a verified petition and bond for removal, in proper form, on the ground of a separable controversy; which…
1Opinion of the CourtChief Justice Fullee
The question is whether the state court erred in denying the second application for removal, and in view of our previous rulings in respect of such applications we think there was color for the motion to dismiss. . And reference to two recent deci-. sions of this court will indicate the reasons for our conclusion that the motion to affirm must be sustained.
In Powers v. Chesapeake & Ohio Railway Company, 169 U. S. 92, the railroad company filed its petition for removal on the grounds of separable controversy, and that its co-defendants were fraudulently and improperly joined in order to defeat…
2Cases cited3 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
- Plymouth Gold Mining Co. v. Amador & Sacramento Canal Co.Supreme Court of the United States · 1886
3Cited by67 opinions
- Great Northern Railway Co. v. AlexanderSupreme Court of the United States · 1918
- Charlie Gaitor v. Peninsular & Occidental Steamship Company, Blue Steamship Company, and Shaw Brothers Shipping CompanyCourt of Appeals for the Fifth Circuit · 1961
- Luther Weems v. Louis Dreyfus CorporationCourt of Appeals for the Fifth Circuit · 1967
- American Car & Foundry Co. v. KettlehakeSupreme Court of the United States · 1915
- Remington v. Central Pacific RailroadSupreme Court of the United States · 1905
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