American Bridge Co. v. Hunt
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. The intestate of the plaintiff below was accidentally killed while engaged in the discharge of his duties as a servant of the American Bridge Company, and this suit is brought under the statute of Ohio to recover damages for a wrongful killing. The suit was instituted in a common pleas court of the state of Ohio.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. The intestate of the plaintiff below was accidentally killed while engaged in the discharge of his duties as a servant of the American Bridge Company, and this suit is brought under the statute of Ohio to recover damages for a wrongful killing. The suit was instituted in a common pleas court of the state of Ohio. The defendants named in the writ were the American Bridge Company, a corporation of the state of New Jersey, carrying on a manufacturing business within the state of Ohio, Robert H. Finch, Phillip…
1Opinion of the CourtLurton, Circuit Judge
There is a preliminary question which must be decided before considering the errors assigned, and that is whether the Circuit Court rightfully obtained jurisdiction by the proceedings under which the cause was removed from the state court. The decision of this question cannot be escaped, for it is the duty of the court at any stage of the litigation to dismiss or remand any suit in which a defect of federal jurisdiction shall appear, without regard to whether the question is made by the parties or not. Great Southern Fire Proof Hotel Co. v. Jones, 177 U. S. 449, 453, 20 Sup. Ct. 690, 44 L.…
2Cases cited16 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Defiance Water Co. v. DefianceSupreme Court of the United States · 1903
- Pirie v. TvedtSupreme Court of the United States · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Dishon v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- 1425 F Street Corp. v. JardinDistrict of Columbia Court of Appeals · 1947
- Trivette v. Chesapeake & O. R. Co.Court of Appeals for the Sixth Circuit · 1914
- Armour & Co. v. BowdenCourt of Appeals of Georgia · 1935
6 more not listed; retrieve them via the Exa API.