Legal Opinion

Illinois Central Ry. Co. v. Jones' Adm'r

Court of Appeals of Kentucky

Decided May 6, 1904PublishedCited by 11 opinions

Case. 18 — Action by William Jones’ Adm’b Against Illinois Cent. Ry. Co, fob Causing the Death of Plaintiff’s Intestate.— APPEAL FROM LYON CIRCUIT COURT — THOMAS. P. COOK, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. (The only brief in the record for appellant is a supplemental brief by Jrio.

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Case. 18 — Action by William Jones’ Adm’b Against Illinois Cent. Ry. Co, fob Causing the Death of Plaintiff’s Intestate.— APPEAL FROM LYON CIRCUIT COURT — THOMAS. P. COOK, CIRCUIT JUDGE. Judgment for Plaintiff and Defendant Appeals. (The only brief in the record for appellant is a supplemental brief by Jrio. C. Gates.) Our contention is: 1. That the appellee in entering his appearance to -this action in the United States Circuit Court and entering a motion to dismiss the action without prejudice, dismissed the action in both courts. 2. If the order of the United States Circuit Court…

1Opinion of the Court

*162Opinion of ti-ie court by

JUDGE O’REAR.

Reversing.

On a former appeal .(66 S. W., 609) we held that the petition by appellant, the Illinois Central Railroad Company, for the removal of this cause into the United States - Circuit Court, did not show, nor did the whole record show on its face, a separable controversy, and therefore that the lower court did not err in refusing to order the removal. After the motion for removal had;been overruled in the State court, appellant filed a transcript of the record in the United States Circuit Court for the District of Kentucky, at Padticah. Appellee…

2Cases cited23 opinions

  1. Meyer v. Construction CompanySupreme Court of the United States · 1879
  2. Grace v. American Central InsuranceSupreme Court of the United States · 1883
  3. Stone v. South CarolinaSupreme Court of the United States · 1886
  4. Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
  5. Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889

18 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Louisville N. R. Co. v. Curtis' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Chesapeake & Ohio Ry. Co. v. Banks' Admr.Court of Appeals of Kentucky · 1911
  3. Dudley v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1906
  4. Illinois Central Ry. Co. v. Sheegog's Admr.Court of Appeals of Kentucky · 1907
  5. S. F. Dana & Co. v. BlackburnCourt of Appeals of Kentucky · 1906

6 more not listed; retrieve them via the Exa API.

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