Fisher v. Cleveland, C., C. & St. L. Ry. Co.
U.S. Circuit Court for the District of Kentucky
Action by Richard Fisher against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company and another. On plea in abatement to jurisdiction after removal. Sustained. Plaintiff Richard Fisher lived in Covington, Ky., and was employed by defendant railway company as night car cooper and sealer at its freight depot in Cincinnati, Ohio. Defendant Michael Igo was also employed by the railroad company in the same capacity and place in the daytime.
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Action by Richard Fisher against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company and another. On plea in abatement to jurisdiction after removal. Sustained. Plaintiff Richard Fisher lived in Covington, Ky., and was employed by defendant railway company as night car cooper and sealer at its freight depot in Cincinnati, Ohio. Defendant Michael Igo was also employed by the railroad company in the same capacity and place in the daytime. The duty of both was to see that pars were properly sealed on departure, to examine and record the condition of seals on incoming cars, and to…
1Opinion of the Court
COCHRAN, District Judge.
The corporation defendant since the filing of the transcript herein and overruling of the motion to remand has questioned this court’s jurisdiction of the cause on the ground that the state court from whence it was removed did not have jurisdiction thereof. Of course, if this is true, then this court does not have jurisdiction. Said defendant first raised the question by special demurrer, and then by plea in abatement. I have overruled both, holding that the state court had jurisdiction. After so holding, my attention has been called by the corporation defendant to the…
2Cases cited3 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Chesapeake, Railroad v. CowherdCourt of Appeals of Kentucky · 1894
3Cited by1 opinion
- Harrell v. Atlas Portland Cement Co.Court of Appeals for the Eighth Circuit · 1918