Illinois Central Ry. Co. v. Coley
Court of Appeals of Kentucky
Case 48. — ACTION BY MARY COLEY AGAINST THE ILLINOIS CENTRAL RY. CO. AND TO RECOVER DAMAGES FOR PERSONAL INJURIES. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. Where fraudulent joinder is alleged and facts affirmatively appear prima facie right of removal exists and issue of fact only to be tried in the Federal court.
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Case 48. — ACTION BY MARY COLEY AGAINST THE ILLINOIS CENTRAL RY. CO. AND TO RECOVER DAMAGES FOR PERSONAL INJURIES. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge. Judgment for plaintiff. Defendants appeal. POINTS AND AUTHORITIES. 1. Where fraudulent joinder is alleged and facts affirmatively appear prima facie right of removal exists and issue of fact only to be tried in the Federal court. (Dow v. Bradstreet, 46 Fed., 824; I. C. R. R. Co. v. Jones, 80 S. W., 484, 26 Ky. Law Rep., 31; Arrowsmith v. N. & D. R. Co., 57 Fed., 165; Diday v. R. R. Co., 107 Fed., 565; Boatner v. Am.…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirming.
On August 7, 1902, appellee, Mary Coley, then Mary Koerner, was being driven in a spring wagon across the Tennessee street crossing of the Illinois-Central Railroad in Paducah. The wagon was struck by a backing engine on the railroad. Two of the-occupants of the wagon were thrown out and killed,, and Mary Coley sustained painful and serious injuries, to recover for which she filed this action, against the railroad company and the engineer in charge of the engine. The railroad company filed its-petition for a removal of the case to the Circuit Court of…
2Cases cited9 opinions
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
- Little v. GilesSupreme Court of the United States · 1886
- East Tennessee, Virginia & Georgia Railroad v. GraysonSupreme Court of the United States · 1886
- Plymouth Gold Mining Co. v. Amador & Sacramento Canal Co.Supreme Court of the United States · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Tisdale v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1921
- Illinois Central Ry. Co. v. HouchinsCourt of Appeals of Kentucky · 1905
- Galveston H. & S. A. Ry. Co. v. WellsTexas Supreme Court · 1932
- Ward v. Pullman Car Corp.Court of Appeals of Kentucky · 1908
- Pirtle's Administratrix v. Hargis Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
23 more not listed; retrieve them via the Exa API.