91 F. 817 (N.D.Ga. 1898), Law v. Western Ry. of Alabama

Citation:91 F. 817
Party Name:LAW v. WESTERN RY. OF ALABAMA.
Case Date:December 01, 1898
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
FREE EXCERPT

Page 817

91 F. 817 (N.D.Ga. 1898)

LAW

v.

WESTERN RY. OF ALABAMA.

United States Circuit Court, N.D. Georgia, Western Division.

December, 1898

Hoke Smith and H. C. Peeples, for plaintiff.

Dorsey, Brewster & Howell and George P. Harrison, for defendant.

NEWMAN, District Judge.

On April 4, 1898, Mrs. Marian M. Law, as executrix of Henry M. Law, deceased, brought suit against the Western Railway of Alabama, in the superior court of Troup county, to recover damages caused by the death of her husband in an accident on said railroad, he being a conductor in the employ of, and his death having been caused by the negligence of, the defendant corporation. On the 27th day of September, 1898, the case was removed by the defendant to the United States circuit court for the Western division of the Northern district of Georgia. At the time of the removal, a plea to the jurisdiction had been filed, which has been amended in this court, and, as amended, is as follows:

'That the Western Railway of Alabama, defendant in this suit, is an Alabama corporation, with its principal office at the city of Montgomery, in Montgomery county, Ala. That it owns and operates a railroad from Selma, Ala., to West Point, Ga. That all of said line of railroad, with exception of a few hundred yards thereof, is situated in the state of Alabama. That the said few hundred yards which is not in the state of Alabama extends from the Georgia and Alabama state line, near West Point, Ga., to the depot of the Atlanta & West Point Railroad, a Georgia corporation, and there connected with the line or railway belonging to said company in the state of Georgia. That the defendant corporation, the Western Railway of Alabama, is incorporated under the general laws of the state of Alabama, and is not incorporated under the laws of Georgia or any other state. That it (the Western Railway of Alabama) was organized on the 15th day of March, 1883, by the Georgia Railroad & Banking Company and the Central Railroad & Banking Company of Georgia, two Georgia corporations, which on the 19th day of April, 1875, purchased all of that part of defendant's railway which is situated in Alabama, to wit, from Selma, Ala., to West Point, Ga., at a

Page 818

sale made in pursuance of a decree rendered by the chancery court for the Second district, in the Southern division of Alabama, in a cause pending in said court wherein Josiah Morris and R. J. Lowry, trustees, were complainants, and the Western Railway of Alabama and others were defendants. That, in pursuance of said purchase, Vinson M. Elmore, register in chancery of said court, executed and delivered to the said purchasers a certain deed of conveyance, a copy of which is hereto attached, marked 'Exhibit A,' and made a part of this plea. That on the first Tuesday in October, 1876, the said Georgia Railroad & Banking Company and the Central Railroad & Banking Company of Georgia bought the remainder of its said line of railway, to wit, that portion of a few hundred yards in length which lies in Troup county, in the state of Georgia, and connecting that part of its line lying in alabama with the Atlanta & West Point Railroad Company, at a sheriff's sale made by virtue of a writ of fieri facias issued from the superior court of Troup county, Ga., in favor of Jesse Boring, against the Montgomery & West Point Railroad Company, and on said date went into possession of the same by virtue of a deed from W. G. S. Martin, sheriff of Troup county, Ga., executed on the 3d day of October, 1876, a copy of which is hereto attached, marked 'Exhibit B,' and made part of this plea. That, prior to the aforesaid purchases, the said Georgia Railroad & Banking Company and the Central Railroad & Banking Company of Georgia obtained an enabling act from the legislature of the state of Georgia, entitled 'An act to authorize and provide for the purchase of the Western Railroad of Alabama and its property and franchises by the Georgia Railroad & Banking Company and the Central Railroad & Banking Company of Georgia, or by either of them, and to authorize said companies to...

To continue reading

FREE SIGN UP