Trivette v. Chesapeake & O. R. Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Action by E. E. Trivette, as administrator of the estate of Albert Huffman, deceased, against the Chesapeake & Ohio Railroad Company and another. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiff, a citizen of Kentucky, brought suit in a court of that state against the company and its locomotive engineer for the negligent killing of the intestate. The railroad is a Virginia corporation; the individual defendant is a citizen of Kentucky. The suit was removed to the federal court by reason of diversity of citizenship of the parties, upon a petition alleging a separable controversy and fraudulent joinder of the individual defendant for the purpose of preventing removal. A motion to remand the suit to the state court was denied. At the conclusion of the…
2Cases cited26 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
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3Cited by17 opinions
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- Westborne Coal Co. v. WilloughbyTennessee Supreme Court · 1915
- Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
- Slate v. HutchersonCourt of Appeals for the Fourth Circuit · 1926
- Culp v. BaldwinCourt of Appeals for the Eighth Circuit · 1937
12 more not listed; retrieve them via the Exa API.