Roberts v. Pacific & A. Ry. & Navigation Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. The plaintiff in error, a citizen and resident of the state of Washington, brought an action against the defendants in error, one of which is a corporation of the state of West Virginia, and the other a corporation of British Columbia, to recover damages for breach of a contract alleged to have been made and entered into on December 16, 1898, by the terms of which the…
Read the full summary
In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. The plaintiff in error, a citizen and resident of the state of Washington, brought an action against the defendants in error, one of which is a corporation of the state of West Virginia, and the other a corporation of British Columbia, to recover damages for breach of a contract alleged to have been made and entered into on December 16, 1898, by the terms of which the plaintiff in error had agreed to haul freight from the summit of White Pass to Lake Bennett, Alaska. The action was…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error that the court denied the motion to remand the cause to the state court. It is argued that since the plaintiff in error was a citizen of the state of Washington, and one of the defendants in error was a citizen of West Virginia, and the other an alien, no cause was made for removal under the removal $ct of 1887 (24 Stat. 552 [U. S. Comp. St. 1901, p. 507]), and under the doctrine as stated in Black’s Dillon on Removal of Causes, §§ 68, 84, in the latter of which sections it is said:
“But a different question is presented when a plaintiff, citizen of the state where the…
2Cases cited5 opinions
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- King v. CornellSupreme Court of the United States · 1882
- Tracy v. MorelU.S. Circuit Court for the District of Nebraska · 1898
- Hervey v. Illinois Midland Ry. Co.U.S. Circuit Court for the Southern District of Illnois · 1876
3Cited by12 opinions
- Hunter v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1952
- Ladew v. Tennessee Copper Co.U.S. Circuit Court for the District of Eastern Tennessee · 1910
- Niccum v. Northern Assur. Co.District Court, D. Indiana · 1927
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Bradshaw v. BowdenDistrict Court, W.D. Washington · 1914
7 more not listed; retrieve them via the Exa API.