Cincinnati, N. O. & T. P. Co.'s Receiver v. Finnell's Admr.
Court of Appeals of Kentucky
Case 17 — Action to Recoveb Damages fob the Death of Plaintiff’s Intestate — APPEAL FROM GRANT CIRCUIT COURT. Judgment fob the Plaintiff. Defendant Appeals. 1. It is the duty of the State court to act on the petition for removal as if all the allegations were admitted; and where it is alleged that the joining of a co-defendant was done in order to prevent a .removal to the federal court, they can not be controverted. Kansas City, &e„ R. R. Co. v. Daugherty,'138 TJ.
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Case 17 — Action to Recoveb Damages fob the Death of Plaintiff’s Intestate — APPEAL FROM GRANT CIRCUIT COURT. Judgment fob the Plaintiff. Defendant Appeals. 1. It is the duty of the State court to act on the petition for removal as if all the allegations were admitted; and where it is alleged that the joining of a co-defendant was done in order to prevent a .removal to the federal court, they can not be controverted. Kansas City, &e„ R. R. Co. v. Daugherty,'138 TJ. S., 298; Stone v. South Carolina, 117 U. S., 430; Crehors v. O. & M. R. R. Co., 131 U. S., 240; Burlington, &c., R. R. Co. v.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
Appellee filed' this suit to recover for the loss of the life of Ms intestate by reason of the negligence of appellant’s servants. The answer was substantially a traverse of the allegations of the petition, and at the conclusion of appellee’s evidence, as well as on all the evidence, appellant asked1 a peremptory instruction to the jury to *137find for him, which was refused. The proof showed that appellee's intestate was seventeen years old, 6 feet high, weighed about 140 pounds; that he was going to school at Corinth, Ivy.; that on a number of…
2Cases cited8 opinions
- Kentucky Central R. R. v. Gastineau's Adm'rCourt of Appeals of Kentucky · 1885
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
- Flower v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1872
- Church v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Wischam v. Rickards, Pennsylvania Court of Common Pleas, Philadelphia County1890
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kelly v. TyraSupreme Court of Minnesota · 1908
- Porter v. CornettCourt of Appeals of Kentucky (pre-1976) · 1947
- Hartquist v. Tamiami Trail Tours, Inc.Supreme Court of Florida · 1939
- Bollington v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1907
- Louisville & Nashville Railroad v. Morgan's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1928
11 more not listed; retrieve them via the Exa API.