Legal Opinion
Byrne's Admr. v. C. & O. Ry. Co.
Court of Appeals of Kentucky
Decided January 16, 1913PublishedCited by 5 opinions
Appeal from Greenup Circuit Court.
1Opinion of the Court
Opinion of the Court by
Chief Justice Hobson
Affirming.
On May 15, 1910, J. E. Byrne while walking along one of the railroad tracks in the yard of the Chesapeake and Ohio Railroad Company at Russell, Kentucky, was struck and killed by one of the wiings of a mud scraper car; and this action was brought .by his administrator against the railroad company and the engineer in charge of the engine which moved the car to recover for his death. The railroad company filed a petition to remove the case to the United States District court, charging a fraudulent joinder. The circuit court refused to remove…
2Cases cited5 opinions
- Illinois Central Ry. Co. v. ColeyCourt of Appeals of Kentucky · 1905
- Ward v. Pullman Car Corp.Court of Appeals of Kentucky · 1908
- Haynes' Admrs. v. Cincinnati, New Orleans & Texas Pacific RailroadCourt of Appeals of Kentucky · 1911
- Chesapeake & Ohio Ry. Co. v. Banks' Admr.Court of Appeals of Kentucky · 1911
- Dudley v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1906
3Cited by5 opinions
- Lewis v. Erie R.District Court, M.D. Pennsylvania · 1919
- Landers v. TracyCourt of Appeals of Kentucky · 1916
- Ford v. Roxana Petroleum Corp.District Court, N.D. Texas · 1929
- Landers v. Cincinnati, New Orleans & Texas Pacific Railway Co.Court of Appeals of Kentucky · 1913
- Partridge v. BondDistrict Court, E.D. Virginia · 1936