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TEXAS & PACIFIC RY. CO. v. SWEARINGEN

No. 48.

196 U.S. 51 (1904)

25 S.Ct. 164

49 L.Ed. 382

TEXAS & PACIFIC RAILWAY COMPANY v. SWEARINGEN.

Supreme Court of United States.

Decided December 19, 1904.

Attorney(s) appearing for the Case

Mr. John F. Dillon, Mr. D.D. Duncan and Mr. T.J. Freeman for plaintiff in error.

Mr. Leigh Clark for defendant in error, cited Cent. Trust Co. v. E.T.V. & G. Ry. Co., 73 Fed. Rep. 661; Tex. & Pac. Ry. Co. v. Archibald, 170 U.S. 674; George v. Clark, 85 Fed. Rep. 607; Gulf, Colo. & S. Fe Ry. Co. v. Darby, 67 S.W. Rep. (Texas) 446; G., H. & S.A. Ry. Co. v. Mortson, 71 S.W. Rep. (Texas) 707; Grand Trunk Ry. Co. v. Ives, 144 U.S. 408, 417; Gardner v. Mich. Cent. Ry. Co., 150 U.S. 349, 361; Richmond & D. Ry. Co. v. Powers, 149 U.S. 44; Mo. Pac. Ry. Co. v. Everett, 161 U.S. 451.

MR. JUSTICE WHITE delivered the opinion of the court.

This suit was commenced in a state court by W.W. Swearingen, the defendant in error, and, on the application of the defendant, the Texas and Pacific Railway Company, was removed to the Circuit Court of the United States as one arising under the laws of the United States, because the railway company was chartered under an act of Congress.

The action was to recover damages for personal injuries sustained...

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