132 U.S. 599 (1890), Louisville & N.r. Co. v. Wangelin

Citation:132 U.S. 599, 10 S.Ct. 203, 33 L.Ed. 473
Party Name:LOUISVILLE & N. R. CO. v. WANGELIN.
Case Date:January 06, 1890
Court:United States Supreme Court
 
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Page 599

132 U.S. 599 (1890)

10 S.Ct. 203, 33 L.Ed. 473

LOUISVILLE & N. R. CO.

v.

WANGELIN.

United States Supreme Court.

January 6, 1890

In error to the circuit court of the United States for the southern district of Illinois.

The original action was trespass, brought in a court of the state of Illinois on May 10, 1883, by Lucinda Wangelin, a citizen of Illinois, against the Louisville & Nashville Railroad Company, a corporation of Kentucky, and the Southeast & St. Louis Railway Company, a corporation of Illinois, for breaking and entering her close, and tearing up and carrying away a railroad switch, and thereby destroying the connection between a coal mine of the plaintiff and the St. Louis & Southeastern Railway, and injuring the value of the mine, to her damage in the sum of $6,000. The defendant corporations, after being duly served with process, severally pleaded not guilty. The case was removed into the circuit court of the United States upon a petition of the Louisville & Nashville Railroad Company, alleging that there was a separate controversy between it and the plaintiff, which could be fully determined between them; and specifically alleging that The St. Louis & Southeastern Railway Company, an Illinois corporation, built and owned the railway and the switch mentioned in the declaration in 1870, and operated the railway until November 1, 1874; that thenceforth that railway was held and operated by a receiver appointed in a suit to foreclose a mortgage from that company until January 1, 1880; then by the Nashville, Chattanooga & St. Louis Railway Company, under a lease from such receiver, until May 1, 1880, and by the Louisville & Nashville Railroad Company, under an assignment of that lease, until January 27, 1881; and on November 16, 1880, was sold under a decree of foreclosure to purchasers for the Southeast & St. Louis Railway Company, and by such purchasers conveyed on January 27, 1881, to that company; that the Southeast & St. Louis Railway Company was incorporated under the law of Illinois on November 12, 1880, and not before; that the supposed trespasses alleged in the declaration were committed, if at all, in August, 1880; that at that time 'the defendant, the Southeast & St. Louis Railway Company, had no corporate or legal existence, and no existence in fact, had no stockholders, officers, agents, employes or servants, and had taken no steps whatever to become a corporation, and was not in any way acting as a corporation or otherwise;' that that company never came into possession of that railway until January 27, 1881, when it entered into a contract with the Louisville & Nashville Railroad Company, under which this company had since operated that railway; and that at the time of the supposed trespasses this company was in the sole and exclusive possession of that railway, operating it under the aforesaid assignment of lease. Annexed to the petition for removal was an affidavit of the vicepresident of the Louisville & Nashville Railroad...

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