Kettelhake v. American Car & Foundry Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. The court erred in denying the application of the defendant for removal of this case to the United States Court after the plaintiff had taken a nonsuit as to the two individual defendants who were originally joined.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. The court erred in denying the application of the defendant for removal of this case to the United States Court after the plaintiff had taken a nonsuit as to the two individual defendants who were originally joined. We think there will he no dispute of the proposition that whenever a time arrives in a lawsuit before the end of the trial, when it can be said that for the first time the controversy is wholly between citizens of different States, the plaintiff a resident of Missouri and the only defendant remaining in the…
1Opinion of the Court
BROWN, C.
This suit was brought by the plaintiff against the appellant, a corporation of the State of New Jersey, together with William W. Eilers and Quincy Martin, both citizens and residents of the State of Missouri, on account of the alleged negligent killing of her husband by defendants while running an engine and cars belonging to the appellant. Its purpose, as stated in the petition, was to recover $10,000 in accordance with the provisions of section 2864, Revised Statutes 18991, as amended by the act entitled “Damages and Contributions in Actions of Tort,” approved April 13, 1905 (R. S.…
2Cases cited5 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- McIntire v. WoodSupreme Court of the United States · 1813
- Stevenson v. FainSupreme Court of the United States · 1904
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
3Cited by5 opinions
- Kansas City Terminal Railway Co. v. ManionSupreme Court of Missouri · 1956
- Kettlehake v. American Car & Foundry Co.Missouri Court of Appeals · 1913
- Salzwedel ex rel. Salzwedel v. VassilSupreme Court of Missouri · 1961
- St. Louis County National Bank v. Maryland Casualty Co.Supreme Court of Missouri · 1977
- State ex rel. Excelsior Powder Manufacturing Co. v. EllisonSupreme Court of Missouri · 1914