Smith v. Westchester Fire Insurance

Pee. Cukiam.

When a nonresident defendant and a resident of this State are sued in a State court the nonresident is entitled to remove .the cause to the Federal Court in the event the complaint fails to state a cause of action against the resident defendant. Even if concurrent negligence is alleged in the complaint, but at the same time it appears from an interpretation and examination of the substance thereof that the charge of concurrent negligence is no more than a hostile gesture or noisy allegation, the right of removal is not thereby defeated or impaired. This Court spoke upon the…