Clark v. Southern Pac. Co.
District Court, W.D. Texas
Action by James D. Clark against the Southern Pacific Company. On motion to remand. The question to be determined arises upon a motion to remand the cause to the state court. Suit was originally instituted by the plaintiff in the district court of El Paso county, Tex., and removed to this court by the defendant.
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Action by James D. Clark against the Southern Pacific Company. On motion to remand. The question to be determined arises upon a motion to remand the cause to the state court. Suit was originally instituted by the plaintiff in the district court of El Paso county, Tex., and removed to this court by the defendant. The purpose of the suit is to recover damages of the defendant, in excess of $2,000, for injuries alleged to have been sustained by the plaintiff in the territory of Arizona on or about June 13, 1909, while engaged in the performance of his duties as brakeman on a freight train.…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). As the plaintiff is a citizen of the territory of Arizona, it is evident that the suit cannot be removed on the ground of diverse citizenship. A citizen of a territory is not a citizen oí a state, and to confer jurisdiction upon the courts of the United States, the diversity of citizenship must exist between citizens of different states. Cameron v. Hodges, 127 U. S. 325, 8 Sup. Ct. 1154, 32 L. Ed. 132; Barney v. Baltimore, 6 Wall. 280, 18 L. Ed. 825; Hepburn v. Ellzey, 2 Cranch, 445, 2 L. Ed. 332; New Orleans v. Winter, 1 Wheat. 91, 4 L. Ed. 44. The…
2Cases cited32 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- Barney v. Baltimore CitySupreme Court of the United States · 1868
27 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Leonardi v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1936
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Wabash Ry. Co. v. BridalCourt of Appeals for the Eighth Circuit · 1938
- Ullrich v. New York, N. H. & H. R.District Court, S.D. New York · 1912
- Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
11 more not listed; retrieve them via the Exa API.