Cox v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at November Term, 1914, of Edgecombe. This is an action to recover damages in tbe amount of $25,000 for personal injury, which, the plaintiff alleges resulted from the negligent conduct of the defendant on 30 June, 1913, at a point between Smithfield and Four Oaks in Johnston County, on what was formerly one of the branch lines of the "Wilmington and "Weldon Bailroad Company, and which is now a part of the Atlantic Ooast Line.
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Appeal by defendant from Connor, J., at November Term, 1914, of Edgecombe. This is an action to recover damages in tbe amount of $25,000 for personal injury, which, the plaintiff alleges resulted from the negligent conduct of the defendant on 30 June, 1913, at a point between Smithfield and Four Oaks in Johnston County, on what was formerly one of the branch lines of the "Wilmington and "Weldon Bailroad Company, and which is now a part of the Atlantic Ooast Line. The defendant in apt time filed its petition asking for the removal of the action to the Federal court upon the ground of diverse…
1DissentBeowN, J.
the Court, that the question of removal involved in this case has been decided adversely to the defendant in the case of Staton v. R. R., 144 N. C., 136, decided in 1907, and that I concurred in that decision. Our judgment rendered then, in my opinion, is in conflict with the decisions of the Supreme Court of the United States, which are authoritative and binding upon all State courts upon the matter involved in this case.
The petition for removal in this case is admitted to be in due form and the requisite bond filed. It appears upon the face of that petition that the plaintiff is a citizen…
2Cases cited6 opinions
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
- Herrick v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1912
- Winslow v. . CollinsSupreme Court of North Carolina · 1892
- State v. . DunlapSupreme Court of North Carolina · 1871
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