Nichols v. Chesapeake & O. Ry. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action at law 'by Willard Nichols against the Chesapeake & Ohio Railway Company. Judgment for-defendant, and plaintiff brings error. ■ Nichols was a brakeman in the employ of the Railway Company. In March, 1904, while switching, he was injured. He brought an action in the ■state court 'against the Railway Company.
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. Action at law 'by Willard Nichols against the Chesapeake & Ohio Railway Company. Judgment for-defendant, and plaintiff brings error. ■ Nichols was a brakeman in the employ of the Railway Company. In March, 1904, while switching, he was injured. He brought an action in the ■state court 'against the Railway Company. It was removed to the federal court, and then, by plaintiff, voluntarily dismissed. He then, within one year from his injury, brought an action in the state court against the Railway .Company…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1J We meet, first, the question of the jurisdiction of the trial court, as fixed by one or the other of the removal proceedings. In the first removal the petition did not, in terms, allege that the joinder of Cook was fraudulently made in order to prevent removal, nor did it allege any facts requiring that conclusion. It was based on the theory that the declaration showed no joint liability against the Railway Company and Cook, and the conclusion that Cook was improperly joined thus depended upon the laws of Kentucky upon that subject. Such a joint…
2Cases cited16 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
- Louisville & N. R. R. v. Simrall's Admr.Court of Appeals of Kentucky · 1907
- Carden v. L. & N. R. R.Court of Appeals of Kentucky · 1897
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3Cited by27 opinions
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Burho v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
- Kimberling v. Wabash Railway Co.Supreme Court of Missouri · 1935
22 more not listed; retrieve them via the Exa API.