St. Louis Southwestern Railway Co. v. Adams
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; There is no allegation in the complaint tending to connect the defendant .Smith with the injury so as 'to prevent a removal; and, this fact being alleged in the petition for removal, the court erred in denying the petition. 204 U. S. 430. There was no error in denying the petition for removal to the circuit court of the United State. 179 U. S. 139; 169 U. S. 931 íS1 U. S. 56; Id. 368; Moon on Removal of Causes, § §…
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; There is no allegation in the complaint tending to connect the defendant .Smith with the injury so as 'to prevent a removal; and, this fact being alleged in the petition for removal, the court erred in denying the petition. 204 U. S. 430. There was no error in denying the petition for removal to the circuit court of the United State. 179 U. S. 139; 169 U. S. 931 íS1 U. S. 56; Id. 368; Moon on Removal of Causes, § § 141, 144 et seq.
1Opinion of the CourtMcCulloch, J.
The plaintiff, Silas Adams, a lad about eleven years of age instituted, by next friend, this action in the circuit court of Monroe County against the St. Louis Southwestern Railway Company and Otto Smith, one of its conductors, on a freight train, to recover damages caused by his being knocked down and injured by moving cars. Damages are laid in the sum of $9,500.
It is alleged in the complaint that defendant Smith was conductor on the freight train which inflicted the injury to plaintiff, and had charge of the train at that time; that plaintiff was injured while attempting to drive some…
2Cases cited12 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
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3Cited by5 opinions
- Donovan v. Wells, Fargo & Co.Court of Appeals for the Eighth Circuit · 1909
- Thompson v. MooreCourt of Appeals for the Eighth Circuit · 1940
- Missouri Pac. Railroad Co. v. MillerSupreme Court of Arkansas · 1931
- Towill v. Southern Ry. Co.Supreme Court of South Carolina · 1922
- St. Louis-San Francisco Railway Co. v. BrittonSupreme Court of Arkansas · 1924