Chicago, Rock Island & Pacific Railway Co. v. Schwyhart
Supreme Court of the United States
ERROR TO THE KANSAS CITY COURT OP APPEALS OP THE STATE OP MISSOURI. .The facts, which involve the right of separate removal by a non-resident railway company sued jointly with a resident defendant by an employé for damages for negligence, áre stated in the opinion. The question for determination in this case is whether the petition for the removal of the suit to the United States court should have been allowed.
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ERROR TO THE KANSAS CITY COURT OP APPEALS OP THE STATE OP MISSOURI. .The facts, which involve the right of separate removal by a non-resident railway company sued jointly with a resident defendant by an employé for damages for negligence, áre stated in the opinion. The question for determination in this case is whether the petition for the removal of the suit to the United States court should have been allowed. The controversy between the plaintiff below and the removing defendant was separable.. No cause of action was stated against either of the resident defendants. Atlantic Coast Line R.…
1Opinion of the CourtJustice Holmes
This is an action -for personal injuries' brought by Schwyhart against the railway company and those of its .servants to whose immediate negligence the injuries were alleged to have been due. There was a verdict and judgment against the company and the defendant Barrett, but at the proper time a petition had been filed by the railway company for the removal of'the action to the Circuit Court of the United States, and it now contends that all subsequent proceedings in the state courts-were void. 145 Mo. App. 332.
The declaration alleged that the plaintiff was employed by the company as hostler…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Southern Railway Co. v. MillerSupreme Court of the United States · 1910
- Schwyhart v. BarrettMissouri Court of Appeals · 1910
3Cited by127 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Triggs v. John Crump Toyota, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Frank W. Parks and John Patterson v. The New York Times CompanyCourt of Appeals for the Fifth Circuit · 1962
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