Pullman Co. v. Jenkins

I agree that it was incumbent upon the Pullman Company, seeking removal, to show that it was sued in a controversy “wholly between citizens of different States”;1 that the Company failed to meet this burden; that plaintiff’s joining the Pullman Company with a Pullman porter designated by a fictitious name did not relieve the Company of its statutory burden; that consequently the District Court erred in denying a motion to remand, and that the judgment of the Circuit Court of Appeals, reversing the District Court’s refusal to remand, should be affirmed. To certain portions of the opinion,…