{
  "id": 8607046,
  "name": "CLARK HALL, Administrator of the Estate of LEE HALL, v. KENTUCKY-VIRGINIA STONE COMPANY and PAUL McCURRY, LON LAMBERT, and ERNEST GALLOWAY",
  "name_abbreviation": "Hall v. Kentucky-Virginia Stone Co.",
  "decision_date": "1937-10-13",
  "docket_number": "",
  "first_page": "254",
  "last_page": "255",
  "citations": [
    {
      "type": "official",
      "cite": "212 N.C. 254"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "210 N. C., 777",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8629030
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/210/0777-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:30:43.466662+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CLARK HALL, Administrator of the Estate of LEE HALL, v. KENTUCKY-VIRGINIA STONE COMPANY and PAUL McCURRY, LON LAMBERT, and ERNEST GALLOWAY."
    ],
    "opinions": [
      {
        "text": "Pee Cueiam.\nThe complaint alleges that the death of the plaintiff\u2019s intestate was caused by the joint negligence of the defendants in the operation of two trucks on the public highway. The plaintiff and the defendants Ernest Galloway, Paul McCurry, and Lon Lambert, according to the allegations of the complaint, are residents of North Carolina, and the defendant Kentucky-Yirginia Stone Company is a nonresident corporation.\nThe complaint alleges that the plaintiff\u2019s intestate received fatal injuries as a result of a collision of the truck in which he was riding, which was owned by Galloway and driven by McCurry, with a truck owned by the Kentucky-Yirginia Stone Company and driven by Lon Lambert; that these two trucks collided as a result of \u201cthe mutual and concurrent negligence of the defendants, and each of them,\u201d in that Galloway\u2019s truck was being operated on the public highway at a negligent and unlawful speed, and the Stone Company\u2019s truck was negligently and unlawfully parked upon said highway.\nUpon a petition for removal to the Federal Court on the ground of diversity of citizenship and separable controversy, the plaintiff is entitled to have his cause of action considered as stated in the complaint. It is obvious that the complaint under consideration alleges a cause of action based upon the joint and concurrent negligence of both resident and nonresident tort-feasors. This case is governed by Rucker v. Snider Bros., 210 N. C., 777, and the petition for removal was properly denied.\nAffirmed.",
        "type": "majority",
        "author": "Pee Cueiam."
      }
    ],
    "attorneys": [
      "Charles Hutchins and E. L. Briggs for plaintiff, appellee.",
      "Jones & Ward and J. M. Horner, Jr., for defendants, appellants."
    ],
    "corrections": "",
    "head_matter": "CLARK HALL, Administrator of the Estate of LEE HALL, v. KENTUCKY-VIRGINIA STONE COMPANY and PAUL McCURRY, LON LAMBERT, and ERNEST GALLOWAY.\n(Filed 13 October, 1937.)\nRemoval of Causes \u00a7 4a \u2014 Complaint held to state joint cause, and petition for removal was properly denied.\nA complaint alleging that plaintiff\u2019s intestate was riding in a truck which was being negligently driven at an unlawful speed, and that the truck collided with another truck which was negligently and unlawfully parked on the highway, resulting in the death of intestate, and that the accident was the result of the concurrent negligence of tile drivers, is held to state a cause of action for joint negligence, and petition of the nonresident defendants to remove to the Federal Court was properly denied, the cause of action as stated in the complaint being determinative on the question of separable controversy.\nAppeal by petitioners from Alley, J., at June Special Term, 1937, of Yaitcey.\nAffirmed.\nThis was a petition for removal to the United States District Court by the defendants Kentucky-Yirginia Stone Company and Lon Lambert on the ground of diversity of citizenship and separable controversy. From judgment denying the removal, petitioners appealed to this Court.\nCharles Hutchins and E. L. Briggs for plaintiff, appellee.\nJones & Ward and J. M. Horner, Jr., for defendants, appellants."
  },
  "file_name": "0254-01",
  "first_page_order": 324,
  "last_page_order": 325
}