Legal Opinion
Toadvine v. Cincinnati, N. O. & T. P. Ry. Co.
District Court, E.D. Kentucky
Decided August 5, 1937No. 6:04-misc-00008PublishedCited by 6 opinions
1Opinion of the Court
FORD, District Judge.
This case was removed to this court from the circuit court of Boyle county, Kentucky and is now submitted upon the plaintiff’s motion to remand.
The only question for determination is whether, under the law of Kentucky, the plaintiff’s petition states facts sufficient to constitute a joint cause of action against the railroad company, a nonresident corporation, and its codefendant, Poss Mc-Cowan, one of its employees, who is a resident of the state.
The rule seems to be clearly established that where the plaintiff brings a suit in a state court against a resident and a…
2Cases cited9 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Leonard v. St. Joseph Lead Co.Court of Appeals for the Eighth Circuit · 1935
- Crane Elevator Co. v. LippertCourt of Appeals for the Seventh Circuit · 1894
- Haynes' Admrs. v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Willie C. Covington v. Indemnity Insurance Company of North America and B. W. Iley, D/B/A Iley Poultry PlantCourt of Appeals for the Fifth Circuit · 1958
- Jacks v. Torrington CompanyDistrict Court, D. South Carolina · 1966
- Panamerican Pharmaceutical, Inc. v. Sherman Laboratories, Inc.District Court, D. Puerto Rico · 1968
- James v. National Pool Equipment Co.District Court, S.D. Illinois · 1960
- Breese v. Tampax, Inc.District Court, S.D. New York · 1941
1 more not listed; retrieve them via the Exa API.