Bottoms v. St. Louis & S. F. R.

Citations

• 179 F. 318
• 1910 U.S. App. LEXIS 5416

Syllabus

<p>i. Removal of Causes (§ 19*) — Federal Employee’s Liability Act — Paramount Effect.</p> <p>An action by an employé against a railroad company to recover for a personal injury, where both parties were engaged in interstate commerce at the time of the injury, is governed by the federal employer’s liability act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1909, p. 1171]), which supersedes all other law, and is controlling on the question of the jurisdiction of a federal court and the right of removal.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. §§ 37-46, 48, 52, 53; Dec. Dig. §' 19.*]</p> <p>2. Removal oe Causes (§ 12*) — Fedekal Question — Nonresidence oe Both Parties — Consent.</p> <p>Where neither of the parties to a suit is a resident of the district, the consent of both is necessary to confer jurisdiction on a federal court, and the cause is not removable over the plaintiff’s objection, whether the ground of removal is diversity of citizenship, or because the suit is based on a law of the United States.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. §§ 32. 33; Dec. Dig. § 12.*]</p>