Chicago, Rock Island & Pacific Railway Co. v. Dowell
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. The facts, which involve the-construction of the Removal Act and what constitutes a separable controversy as to a non-resident defendant sued jointly with a resident defendant, are stated in the opiniQn. The petition for the removal of the suit to the United States court should have been allowed, as the controversy was separable. The'State of Kansas prohibited the joinder of the several causes of action. 3 Am. and Eng. Anno.
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ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. The facts, which involve the-construction of the Removal Act and what constitutes a separable controversy as to a non-resident defendant sued jointly with a resident defendant, are stated in the opiniQn. The petition for the removal of the suit to the United States court should have been allowed, as the controversy was separable. The'State of Kansas prohibited the joinder of the several causes of action. 3 Am. and Eng. Anno. Cases, pp. 283, 285; Atchison, T. & S. F. Ry. Co. v. Sumner County, 51 Kansas, 617; Benson v. Battey, 70 Kansas, 288;…
1Opinion of the CourtJustice Lurton
This writ of error is sued out to review a judgment in a personal injury case because a petition to remove the case to the Circuit Court of the United States is said to have been erroneously denied.
The plaintiff, Albert M. Dowell, was a laborer in the employ of the railroad company, his work being to remove cinders and other debris from the tracks and yards of the company in the town of Liberal, Kansas, He was a resident and citizen of that State. The railroad company was a corporation of the States of Illinois and Iowa’, but not of Kansas. The plaintiff while engaged in his proper work was…
2Cases cited6 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Illinois Central Railroad v. SheegogSupreme Court of the United States · 1909
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
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3Cited by69 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Pullman Co. v. JenkinsSupreme Court of the United States · 1939
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Chi., RI & Pac. Ry. v. DowellSupreme Court of the United States · 1913
- Morris v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Eighth Circuit · 1934
64 more not listed; retrieve them via the Exa API.