Whiton v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The plaintiff was appointed, by the county court of Rock county, in this state, administrator of the estate of Mary P. Whiton, deceased, and in that capacity he brought this action, in September, 1866, in the circuit court for Rock county, under ch. 135, R. S., to recover damages for the negligent and wrongful killing of his intestate by the employees of the defendant company.
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APPEAL from the Circuit Court for Jefferson County. The plaintiff was appointed, by the county court of Rock county, in this state, administrator of the estate of Mary P. Whiton, deceased, and in that capacity he brought this action, in September, 1866, in the circuit court for Rock county, under ch. 135, R. S., to recover damages for the negligent and wrongful killing of his intestate by the employees of the defendant company. The plaintiff was, at the commencement of the action, and still is, a citizen of Illinois. The defendant company operates a line of railroad partly within this state,…
1Dissent
Dixon, C. J.,
dissenting. . The removal was ordered, in this case, in pursuance of the same act of congress which was recently under consideration by this court in the case of Akerly v. Vilas ; but there is this acknowledged difference between the cases, that there had not in this, as in that, been any final hearing or trial before the plaintiff made his application. The point upon which that case was decided is not, therefore, involved, in this. It is conceded that the present application comes fully within the letter and spirit of the act of congress, and the only questions presented for our…
2Cases cited3 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Houston v. MooreSupreme Court of the United States · 1820
- Ableman v. BoothWisconsin Supreme Court · 1859