Springs v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by Henry Springs against tbe Southern Railway Company, heard by Judge W. 8. O’B. Robinson and a jury, at March Term, 1901, of tbe Superior Court of MeckleN-bueg County. This is au action for personal injury. Tbe plaintiff, wbo was employed by the defendant as a switchman, had been working with a regular switch-engine, supplied with foot-boards on each end, upon which he stood when the engine was in motion.
Read the full summary
ActioN by Henry Springs against tbe Southern Railway Company, heard by Judge W. 8. O’B. Robinson and a jury, at March Term, 1901, of tbe Superior Court of MeckleN-bueg County. This is au action for personal injury. Tbe plaintiff, wbo was employed by the defendant as a switchman, had been working with a regular switch-engine, supplied with foot-boards on each end, upon which he stood when the engine was in motion. About March 1, this engine being out of order, was sent to the shop for repairs, and the defendant used road engines instead for the purpose of switching its cars. About April 1 the…
1Opinion of the Court
Douglas, J.,
after stating the facts. The Court below properly refused the motion of the defendant to dismiss this action on account of its attempted removal into the Circuit Court of the United States. In no event could the Court below have dismissed the action, even if it had been properly removed. In the latter event it could only have stayed further proceedings, leaving the case upon the docket to await future developments. Even if the State Courts, Superior and Supreme, were to recognize the removal of an action, that would not necessarily end the question, as the right of removal is in…
2Cases cited15 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Muller v. DowsSupreme Court of the United States · 1876
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Herrick v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1912
- Bissell v. Greenleaf-Johnson Lumber Co.Supreme Court of North Carolina · 1910
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1902
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1902
- Morganton v. . HuttonSupreme Court of North Carolina · 1924
5 more not listed; retrieve them via the Exa API.