CHESAPEAKE AND OHIO R'Y CO. v. DIXON

No. 40.

179 U.S. 131 (1900)

CHESAPEAKE AND OHIO RAILWAY COMPANY v. DIXON.

Supreme Court of United States.

Decided November 19, 1900.


Attorney(s) appearing for the Case

Mr. W.H. Wadsworth for plaintiff in error. Mr. A.M.J. Cochran and Mr. C.B. Simrall were on his brief.

Mr. James Andrew Scott for defendant in error. Mr. John H. Hager and Mr. R.S. Dinkle were on his brief.


MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

The question to be determined is whether the Court of Appeals of Kentucky erred in affirming the action of the Boyd circuit court in denying the application to remove. And that depends on whether a separable controversy appeared on the face of plaintiff's petition or declaration. If the liability of defendants, as set forth in that pleading, was joint, and the cause...

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