Cleveland, C., C. & St. L. Ry. Co. v. Lawler
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Edgar County; the Hon. Henry Van Seller, Judge, presiding.
Read the full summary
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Edgar County; the Hon. Henry Van Seller, Judge, presiding. Heard in this court at the November term, 1900. Statement.—In an accident occurring in or near the city of Mattoon, August 16, 1898, James Lawler was killed, and the appellee, his administrator, having attributed the cause of his death to the wrongful act, neglect or default of the appellant, caused this action to be brought to recover for the pecuniary injuries resulting to his next of kin. The declaration, consisting of three counts, charges, in substance,…
1Opinion of the CourtJustice Wright
There is, in our opinion, no merit in, or valid reason for, the contention of appellant that the State court had no jurisdiction of the cause after once the case had been removed to the Federal court, a non-suit suffered therein, and "a new action begun in the former court for a lessened demand for the same cause of action. After the suit was dismissed by the order of the Federal court, its jurisdiction of the case ended. The plaintiff had the right, if he chose, to limit the amount of his demand, as he did in the present suit, to a sum less than $2,000. The act of Congress conferring…
2Cases cited2 opinions
- Illinois Central Railroad v. SwisherAppellate Court of Illinois · 1897
- Swisher v. Illinois Central RailroadIllinois Supreme Court · 1899
3Cited by2 opinions
- Stever v. Ann Arbor RailroadMichigan Supreme Court · 1910
- Baltimore & Ohio Railroad v. LarwillOhio Supreme Court · 1910