Lanning v. Chicago Great Western Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Eon. A. M. Woodson, Judge. (1) The court .erred in denying the petition of defendant railway company to remove this case to the circuit court of the United States, (a) Plaintiff’s petition upon its face presented a controversy between plaintiff and the defendant railway company which was wholly separable from the controversy between plaintiff and the defendant Galiagan.
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Appeal from Buchanan Circuit Court.—Eon. A. M. Woodson, Judge. (1) The court .erred in denying the petition of defendant railway company to remove this case to the circuit court of the United States, (a) Plaintiff’s petition upon its face presented a controversy between plaintiff and the defendant railway company which was wholly separable from the controversy between plaintiff and the defendant Galiagan. The engineer is liable solely because of his personal act in doing the wrong. The defendant company is liable not because it was negligent, but because upon considerations of public policy,…
1Opinion of the CourtGantt, J.
—On April 17,1903, the plaintiff began this action in the circuit court of Buchanan county, Missouri. The petition in substance states that the defendant is a railroad'Corporation duly organized and incorporated under the laws of Minnesota and is conducting a railroad business in this State; that the defendant railroad has and owns within its railroad yards in the city of St. Joseph what is known as a coal dock. That said coal dock is a structure by which coal bins and chutes are erected and placed upon piers or trestle work about twenty feet above the surface of the ground. That approaching…
2Cases cited6 opinions
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Lawrence v. CockeTennessee Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1928
- Johnson v. St. Joseph Terminal Railway Co.Supreme Court of Missouri · 1907
- Kelly v. Union Pacific Railway Co.Missouri Court of Appeals · 1910
8 more not listed; retrieve them via the Exa API.