Legal Opinion

Simmons v. ATLANTIC COAST LINE RAILROAD COMPANY

District Court, E.D. South Carolina

Decided November 2, 1964No. Civ. A. 8255, 8256PublishedCited by 13 opinions

1Opinion of the Court

HEMPHILL, Chief Judge.

Motions to remand companion wrongful death 1 actions to Dillon County, South Carolina Court of Common Pleas, for disposal there, raise issue of jurisdiction of this Court. Determination turns on question of diversity of citizenship, 2 amount in controversy not being at issue.

On February 16, 1962 Nancy Ann Daniels and Gloria Jean Daniels were in an auto-train collision in the Town of Latta, in Dillon County, South Carolina, where each and both resided; as a result of injuries received both died, neither being testate at time of death. Thereafter the mother of the two…

2Cases cited12 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Case of Broderick's WillSupreme Court of the United States · 1875
  3. A.B.C. Packard, Inc., a Corporation v. General Motors Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1960
  4. McCreery v. DavisSupreme Court of South Carolina · 1895
  5. McDaniel v. McDanielSupreme Court of South Carolina · 1963

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Korsak v. Hawaii Permanente Medical Group, Inc.Hawaii Supreme Court · 2000
  2. City of Ferguson v. NelsonSupreme Court of Missouri · 1969
  3. Child Support Enforcement Agency v. RoeHawaii Supreme Court · 2001
  4. Escareno v. Carl Nolte Sohne GmbH & Co.Court of Appeals for the Eleventh Circuit · 1996
  5. Ferrostaal Metals Corp. v. S.S. Lash PacificoDistrict Court, S.D. New York · 1987

8 more not listed; retrieve them via the Exa API.

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