Legal Opinion

Ayles v. Southern Railway

Court of Appeals of Kentucky

Decided September 22, 1905Published

Case 7. — ACTION BY GEORGE AYLES AGAINST THE SOUTHERN RAILWAY AND OTHERS TO RECOVER DAMAGES FOR PERSONAL INJURIES Appeal from Jefferson Circuit Court, Common Pleas Branch (2d Division). Thos. R. Cordon, Judge. From an order removing the case to the Federal Court the plaintiff appeals.

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Case 7. — ACTION BY GEORGE AYLES AGAINST THE SOUTHERN RAILWAY AND OTHERS TO RECOVER DAMAGES FOR PERSONAL INJURIES Appeal from Jefferson Circuit Court, Common Pleas Branch (2d Division). Thos. R. Cordon, Judge. From an order removing the case to the Federal Court the plaintiff appeals. A removal to the Federal court is sought herein under sec. 629 of the Judiciary Act, sub-sec. 2, p. 509 of the Compiled Statutes of the United States, 1501. Following the defendant’s line of argument in the lower court, the following questions are presented for the consideration of' this court, on this appeal,…

1Opinion of the Court

Opinion by

Judge Nunn

Reversing.

On the 15th of July, 1904, the appellant filed a petition in the Jefferson Circuit Court against the appellees, Southern Railway Company, Southern Railway Company in Kentucky, Henry Snyder and John A. McDermott. He alleged that the Southern Railway Company was a corporation organized under the laws of the State of Virginia; that it owned and operated a railroad, with its equipment, passing through the city of Louisville, the State of Indiana and on to the city of St. Louis, Mo.; that the Southern Railway Company in Kentucky was a Kentucky corporation; that it had…

2Cases cited4 opinions

  1. Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
  2. Cincinnati, N. O. & T. P. Ry. Co. v. RobertsonCourt of Appeals of Kentucky · 1903
  3. Illinois Central Ry. Co. v. Jones' Adm'rCourt of Appeals of Kentucky · 1904
  4. Rutherford v. Illinois Central RailroadCourt of Appeals of Kentucky · 1905

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