Shaffer v. Union Brick Co.
U.S. Circuit Court for the District of Kansas
At Raw. This is a motion by plaintiff to remand the case to the state court, from whence it came lor want of jurisdiction in this court. The action was brought in the district court of Allen county by plaintiff to recover damages jointly from defendants for negligently causing the death of her husband, David C. Shaffer, while in the employ of the defendant brick company.
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At Raw. This is a motion by plaintiff to remand the case to the state court, from whence it came lor want of jurisdiction in this court. The action was brought in the district court of Allen county by plaintiff to recover damages jointly from defendants for negligently causing the death of her husband, David C. Shaffer, while in the employ of the defendant brick company. The petition alleges deceased, when injured, was operating wlia'c is known as a “dry pan” ; that it was his duty to oil the machinery operating such pan immediately before commencing work; while doing so, under the direction…
1Opinion of the CourtPollock, District Judge
(after stating the facts as above). The petition is framed on the theory that defendants are joint wrongdoers, and jointly liable in damages for the death of David C. Shaffer. If so, the case is not removable into this court. Powers v. Chesapeake & Ohio Railway, 169 U. S. 92, 18 Sup. Ct. 264, 42 L. Ed. 673; Louisville, etc., Railroad Co. v. Wangelin, 132 U. S. 599, 10 Sup. Ct. 203, 33 L. Ed. 473; Pirie v. Tvedt, 115 U. S. 41, 5 Sup. Ct. 1034, 1161, 29 L. Ed. 331; Sloane v. Anderson, 117 U. S. 275, 6 Sup. Ct. 730, 29 L. Ed. 899.
It is alleged in the petition for removal filed herein that…
2Cases cited18 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Pirie v. TvedtSupreme Court of the United States · 1885
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Van Meter v. GurneyAppellate Court of Illinois · 1926
- Clark v. Chicago, R. I. & P. Ry. Co.District Court, W.D. Missouri · 1912
- Armstrong v. Kansas City Southern Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
- Yeates v. Illinois Cent. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1905
4 more not listed; retrieve them via the Exa API.