Clinger's Admx. v. C. & O. Ry. Co.
Court of Appeals of Kentucky
CASE 70. — ACTION BY GEORGE M. CLINGER’S ADMX., AGAINST THE CHESAPEAKE & OHIO RY. CO. OP KY. AND OTHERS. — Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. From an order transferring the case to the Federal Court plaintiff appeals — POINTS AND AUTHORITIES. Removal of case to federal court was error. (Chesapeake & Ohio Railway Co. v. Dixson, 179 U. S., 131; Alabama Great Southern Railway Co. v. H. C. Thompson, 200 U. S., 206; Cin. N. O. & Tex.
Read the full summary
CASE 70. — ACTION BY GEORGE M. CLINGER’S ADMX., AGAINST THE CHESAPEAKE & OHIO RY. CO. OP KY. AND OTHERS. — Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. From an order transferring the case to the Federal Court plaintiff appeals — POINTS AND AUTHORITIES. Removal of case to federal court was error. (Chesapeake & Ohio Railway Co. v. Dixson, 179 U. S., 131; Alabama Great Southern Railway Co. v. H. C. Thompson, 200 U. S., 206; Cin. N. O. & Tex. Pacific R. Co. v. Bohon, 200 U. S., 221; Rutherford v, Ilbnois Central R. Co., et al., 85 S. W., 199; 111. Central R. R. Co- v.…
1Opinion of the Court
Opinion of the Court by
Judge Nunn
Reversing.
This appeal is from an order of the circuit court transferring this case to the federal court for trial. The plaintiff (appellant) instituted this action for $25,000 in damages against appellees for the alleged negligent killing of her husband, who, at the time he was killed, was crossing appellee’s road on a street in the city of Maysville, Ky. She charged that it was by the joint gross negligence of the three appellees in the management and operation of its train of cars that resulted in the death of her husband; that appellee the Chesapeake & Ohio…
2Cases cited32 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- New York & Maryland Line R. Co. v. WinansSupreme Court of the United States · 1854
27 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miller v. WeekCourt of Appeals of Kentucky · 1920
- Illinois Central Railroad v. McGuire's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Chesapeake & Ohio Railway Co. v. ShawCourt of Appeals of Kentucky · 1916
- Hunsaker's Admrx. v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Clinger's Admx. v. Ch. & Ohio Ry. Co.Court of Appeals of Kentucky · 1910
6 more not listed; retrieve them via the Exa API.