Davis' Admr. v. Chesapeake & O. Ry. Co.
Court of Appeals of Kentucky
Case 12 — Action by Henrietta Davis’ Admr. against Chesapeake & Ohio Ry. Co. and Others to Recover Damages for the Death op Plaintiff’s Intestate. APPEAL FROM LEWIS CIRCUIT COURT. From a Judgment Removing the Action to the Federal Court Plaintiff Appeals.
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Case 12 — Action by Henrietta Davis’ Admr. against Chesapeake & Ohio Ry. Co. and Others to Recover Damages for the Death op Plaintiff’s Intestate. APPEAL FROM LEWIS CIRCUIT COURT. From a Judgment Removing the Action to the Federal Court Plaintiff Appeals. POINTS AND AUTHORITIES REIL-IE-D ON. 1. By objecting on two separate occasions to the amended petition, t^wit: On January 24th and 27th, .and causing lEhe court to pass upon the merits- -thereof, even -though errotueloiusly, the appellee, C. & 0. Ry. Co., made a general -appearance in the action as did the other defendants, and thereby…
1Opinion of the Court
On rehearing — Rehearing granted and Mm opinion withdrawn. Opinion of the court by
JUDGE PAYNTER
Affirming.
This is an action to recover damages for the loss of the-life of the intestate by tbe alleged negligence of the Chesapeake & Ohio Eailway Company. It presented its petition and asked for the' removal of the case to the federal court, and the motion was sustained. Owing to our duplex system of government, perplexing and delicate questions as to the respective jurisdiction of the federal and State courts arise; and the judiciary should meet and dispose of them with fairness and in the…
2Cases cited14 opinions
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Muller v. DowsSupreme Court of the United States · 1876
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Louisville & Nashville Railroad v. HortonCourt of Appeals of Kentucky · 1920
- L. & N. R. R. v. Redmon's Admx.Court of Appeals of Kentucky · 1906
- Stull's Administratrix v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky · 1916
- Louisville & Nashville R. R. v. Engleman's Adm'rCourt of Appeals of Kentucky · 1909
- Louisville & Nashville Railroad v. Vaughan's AdministratorCourt of Appeals of Kentucky · 1919
13 more not listed; retrieve them via the Exa API.