Ullrich v. New York, N. H. & H. R.
District Court, S.D. New York
At Law. Action by Elizabeth A. Ullrich, as administratrix of the goods, chattels, and credits of John F. Ullrich, against the New York, New Haven & Hartford Railroad Company. On motion to remand. The above-entitled action was commenced on the 5th day of January, 1912, by a summons and complaint in the Supreme Court of the state of New York for the county of Westchester.
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At Law. Action by Elizabeth A. Ullrich, as administratrix of the goods, chattels, and credits of John F. Ullrich, against the New York, New Haven & Hartford Railroad Company. On motion to remand. The above-entitled action was commenced on the 5th day of January, 1912, by a summons and complaint in the Supreme Court of the state of New York for the county of Westchester. On petition of the defendant it was removed to this court oil January 25, 1912. The defendant thereafter filed an answer on the 25th day of January, 1912. The plaintiff now moves for remand of the case, on the ground that…
1Opinion of the CourtHand, District Judge
(after stating the facts as above).
[1] The first point is whether the act of April 5, 1910, meant to prohibit removal, in spite of the fact that the defendant was a citizen' of a different state from the plaintiff. I think it did, though the matter is not perfectly clear. The language of the act is:
“No case arising under tills act and brought in any state court of competent jurisdiction shall be removed.”
*770One would have rather expected! the words to be substantially:
“The defendant shall not he entitled to remove because the plaintiff relies upon any rights created hereby”
—if Congress meant…
2Cases cited3 opinions
- Railroad Co. v. MississippiSupreme Court of the United States · 1880
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- Clark v. Southern Pac. Co.District Court, W.D. Texas · 1909
3Cited by25 opinions
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Strother v. Union Pac. R.District Court, W.D. Missouri · 1915
- Jones v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1912
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. TuckerCourt of Appeals of Kentucky · 1916
- Guaranty Trust Co. v. McCabeCourt of Appeals for the Second Circuit · 1918
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