Ellis v. Atlantic & Pacific Railroad
Massachusetts Supreme Judicial Court
Tort against a corporation alleged in the writ to be established "under the laws of the United States, for an injury sustained by the plaintiff’s intestate, an employee of the corporation, by the defective condition of its road-bed. The writ was dated April 1, 1882, and returnable to the Superior Court next to be holden on the first Monday of June.
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Tort against a corporation alleged in the writ to be established "under the laws of the United States, for an injury sustained by the plaintiff’s intestate, an employee of the corporation, by the defective condition of its road-bed. The writ was dated April 1, 1882, and returnable to the Superior Court next to be holden on the first Monday of June. The ad damnum wa' stated in the writ at $25,000. On June 14, 1882, the defendant filed a petition for the removal of the case into the Circuit Court of the United States “next to be holden within and for the District of Massachusetts,” alleging…
1Opinion of the CourtField, J.
The petition for removal was filed in the Superior Court on June 14, 1882, and was allowed by that court on July 11, 1882. From the order allowing this petition the plaintiff appeals to this court. It does not appear that any rulings were requested of the presiding justice of the Superior Court, or that any exceptions were taken to any rulings made by him. Two questions have been argued in this court: first, whether an appeal lies to this court from the order of the Superior Court granting the petition; and second, whether the defect in the condition of the bond is a reason why the petition…
2Cases cited13 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- Riley v. FarnsworthMassachusetts Supreme Judicial Court · 1874
- Mahone v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Amy v. ManningMassachusetts Supreme Judicial Court · 1887
- Long v. Quinn Bros.Massachusetts Supreme Judicial Court · 1913
- Lawrence Trust Co. v. Chase Securities Corp.Massachusetts Supreme Judicial Court · 1935
- Munnss v. American Agricultural Chemical Co.Massachusetts Supreme Judicial Court · 1914
1 more not listed; retrieve them via the Exa API.