Whittaker v. Illinois Cent. R.
U.S. Circuit Court for the District of Eastern Louisiana
Action by Walter W. Whittaker against the Illinois Central Railroad Company. On motion to dismiss.
1Opinion of the Court
FOSTER, District Judge.
This is an action for damages for personal injury, and a motion is made to dismiss for want of jurisdiction — or, more properly speaking, venue — in this court. Plaintiff is a citizen of Louisiana and defendant is a corporation organized under the laws of Illinois, having its principal office at Chicago.
Defendant contends that plaintiff’s right to enter the federal court is twofold: First, because of diversity of citizenship; second, because his right of action is founded on a law of the United States, to wit, Act Cong. April 22, 1908, c. 149, 35 Stat. 65 (U. S. Comp.…
2Cases cited2 opinions
- McCormick Harvesting MacHine Co. v. WalthersSupreme Court of the United States · 1890
- Cound v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Western Texas · 1909
3Cited by12 opinions
- Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Kansas City Southern Railway Co. v. CookSupreme Court of Arkansas · 1911
- Bacon v. Federal Reserve BankDistrict Court, E.D. Washington · 1923
- Newell v. Baltimore & O. R. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1910
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