Thomas v. Great Northern Ry. Co.
Court of Appeals for the Ninth Circuit
•In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. The plaintiff In error brought an action in the superior court of the state •of Washington for Spokane county against the defendant in error and Peter McDonald to recover damages for personal injury.
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•In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. The plaintiff In error brought an action in the superior court of the state •of Washington for Spokane county against the defendant in error and Peter McDonald to recover damages for personal injury. He alleged in his complaint that- the said McDonald was the foreman of his eodefendant, the ■Great Northern Railway Company, and had charge of certain work in its shops; that the plaintiff in error was unfamiliar with such work and the tools used therein, as said McDonald knew; that…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error, among other assignments, that the Circuit Court overruled the motion of the plaintiff in error to remand the cause to the state court. In Alabama Great Southern Railway Co. v. Thompson, Admr. (Jan. 3, 1906) 200 U. S. 206, 26 Sup. Ct. 161, 50 L. Ed. 441, the Supreme Court reviewed its former decisions, expressed the purport of their meaning, and finally determined the doctrine that the case made in the complaint against defendants sued jointly is, in the absence of a showing of fraudulent misjoinder, determinative of the right of removal. The court first reviewed…
2Cases cited12 opinions
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Barney v. LathamSupreme Court of the United States · 1881
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- George K. Brough v. United Steelworkers of America, Afl-Cio, and Third Party v. Carpenter & Paterson, Inc., Third PartyCourt of Appeals for the First Circuit · 1971
- O'Halloran v. University of WashingtonCourt of Appeals for the Ninth Circuit · 1988
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Rea v. Standard Mirror Co.Supreme Court of North Carolina · 1911
- Wynn v. Reconstruction Finance Corp.Court of Appeals for the Ninth Circuit · 1954
13 more not listed; retrieve them via the Exa API.