Welch v. Cincinnati, N. O. & T. P. Ry. Co.
District Court, E.D. Tennessee
At Law. Action by John Welch, as administrator, etc., against the Cincinnati, New Orleans & Texas Pacific Railway Company and others. On motion to remand.
1Opinion of the Court
SANFORD, District Judge.
I am of the opinion that the plaintiff’s motion to remand this case to the state court should be granted.
1. There is no ground of removal on the ground of a separable controversy as to the defendant railway company. As the declaration had not been filed at the time the case was removed by the defendant railway company. — the petition for removal having' been filed before the declaration was due under the state practice — -the cause of action is to be taken, so far as the question of a separable controversy is concerned, as that which is set forth under oath in the…
2Cases cited13 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. WangelinSupreme Court of the United States · 1890
- Warax v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rea v. Standard Mirror Co.Supreme Court of North Carolina · 1911
- Dowell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910
- Cipriano v. Monarch Life InsuranceDistrict Court, D. Rhode Island · 1956
- Hammond v. SullyCourt of Appeals for the D.C. Circuit · 1919
- Jones v. Casey-Hedges Co.District Court, E.D. Tennessee · 1913