Winston's Admr. v. Illinois Central R. R.
Court of Appeals of Kentucky
Case 110 — Action to Recover Damages for Death of Plaintiff’s Intestate APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment filing Petition for Removal of Cause to Federal Court and Accepting Bond for Removal, and Plaintiff Appeals In this action to recover damages for the death of plaintiff’s intestate, the I. C. R. R. Co., A. W. Sheppard and R. S. White are sued jointly. The railroad company is a non-resident of the State and Sheppard and White reside in McCracken county, ■Ky.
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Case 110 — Action to Recover Damages for Death of Plaintiff’s Intestate APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment filing Petition for Removal of Cause to Federal Court and Accepting Bond for Removal, and Plaintiff Appeals In this action to recover damages for the death of plaintiff’s intestate, the I. C. R. R. Co., A. W. Sheppard and R. S. White are sued jointly. The railroad company is a non-resident of the State and Sheppard and White reside in McCracken county, ■Ky. The defendant, railroad company, offered to file a petition and bond for the removal of the cause from the State court to…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE PAYNTER
Reversing.
The question here involved is whether this cas'e is removable to the federal court by reason of diverse citizen*956ship, the Illinois Central Railroad Company being a nonresident corporation, and its codefendants, A. W. Sheppard and R. S. White, residents1 of McCracken county, Ky. It was averred in the petition for removal that the plaintiff made Sheppard and White defendants for the purpose of preventing a removal of the case to the federal court. It is immaterial what may have been the purpose of the plaintiff in making them defendants with…
2Cases cited10 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Torrence v. SheddSupreme Court of the United States · 1892
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Pirie v. TvedtSupreme Court of the United States · 1885
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Trivette v. Chesapeake & O. R. Co.Court of Appeals for the Sixth Circuit · 1914
- Dudley v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1906
- Enos v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1911
- Cincinnati, N. O. & T. P. Ry. Co. v. Cook's Admr.Court of Appeals of Kentucky · 1902
4 more not listed; retrieve them via the Exa API.