Rutherford v. Illinois Central Railroad
Court of Appeals of Kentucky
Case 3. — ACTION BY SALLIE A. RUTHERFORD AGAINST THE ILLINOIS CENTRAL RAILROAD COMPANY FOR PERSONAL INJURIES. Appeal from Graves Circuit Court. R. J. Btjgg, Circuit Judge.
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Case 3. — ACTION BY SALLIE A. RUTHERFORD AGAINST THE ILLINOIS CENTRAL RAILROAD COMPANY FOR PERSONAL INJURIES. Appeal from Graves Circuit Court. R. J. Btjgg, Circuit Judge. From an order removing the cause to the Federal Court, plaintiff appeals. 1. The questions of law presented are these: (1.) Was there a joint, or separable, cause of action stated in plaintiff’s petition? (2.) Does the railroad petition for removal plead facts showing cause for removal? We will consider these questions together. The petition for removal does not claim that its co-defendants were not citizens of Kentucky.…
1Opinion of the Court
Opinion by
Judge Nunn
Eeversing.
The appellant, Sallie Al. Eutherford, filed her petition in the Graves Circuit Court against the appellee, Illinois Central Eailroad Company, and George F. Mullinix, Tom Hudson, Tom Caulder and C. H. Hendrix, in which she alleged, in substance, that on or about the 15th day of July, 1904, she bought a ticket and took passage on one of appellee ’s trains at Fulton, Ky., for her home, at Mayfield, Ky.; that she was a passenger upon this train, and was entitled to he con*19veyed to her home with care and safety; that appellee had its co-defendants, Mullinix, Hudson,…
2Cases cited10 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
- Cleary v. Ellis Foundry Co.Supreme Court of the United States · 1890
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3Cited by5 opinions
- Dudley v. Illinois Cent. Ry.Court of Appeals of Kentucky · 1906
- Illinois Central Ry. Co. v. Sheegog's Admr.Court of Appeals of Kentucky · 1907
- Clinger's Admx. v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1908
- Probst v. HinesleyCourt of Appeals of Kentucky · 1909
- Ayles v. Southern RailwayCourt of Appeals of Kentucky · 1905