Northern Pacific Railroad v. Austin
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. Austin brought his action in the District Court of Otter Tail County, Minnesota, to recover damages for the burning. of certain growing trees on his land by fire, -set -by an engine of the Northern Pacific Railroad Company, his complaint alleging the trees to have been of the value of $475, and that he was damaged in that sum, and demanding judgment for that amount, with costs and disbursements. . The defendant put in a…
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. Austin brought his action in the District Court of Otter Tail County, Minnesota, to recover damages for the burning. of certain growing trees on his land by fire, -set -by an engine of the Northern Pacific Railroad Company, his complaint alleging the trees to have been of the value of $475, and that he was damaged in that sum, and demanding judgment for that amount, with costs and disbursements. . The defendant put in a general denial. The cause coming on for trial, the record states that “ after the jury had been duly empanelled and…
1Opinion of the CourtChief Justice Puller
The contention of plaintiff in error seems to be that the right to remove the suit into the Circuit Court of the United States for the District of Minnesota, under the act of March 3, 1875, was specialty set up or claimed by it; that the decision was against the right so set up or claimed; and that, therefore, this court has jurisdiction. But the difficulty with that view is, that when the amendment was permitted to be made, after the evidence had satisfied the trial court that its allowance was proper, the defendant filed no petition and made no application to remove the cause. It is true…
2Cases cited4 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Thompson v. ButlerSupreme Court of the United States · 1878
- Chappell v. BradshawSupreme Court of the United States · 1888
- Pacific Postal Telegraph Cable Co. v. O'ConnorSupreme Court of the United States · 1888
3Cited by26 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Heniford v. American Motors Sales Corp.District Court, D. South Carolina · 1979
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Broadway Coal Mining Co. v. RobinsonCourt of Appeals of Kentucky · 1912
- Wright v. Missouri Pac. R. Co.Court of Appeals for the Eighth Circuit · 1938
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