Curtis v. Cleveland, C., C. & St. L. Ry. Co.

Citations

• 140 F. 777
• 1905 U.S. App. LEXIS 4833

Syllabus

<p>1. Railroads — Liability of Lessor for Negligence of Lessee.</p> <p>The mere leasing by one railroad company to another of its right of way, track, turnouts, and stations does not ipso facto create a liability on the part of the lessor for negligence of the lessee in its own exclusive use of operating appliances on such track and right of way.</p> <p>[Ed. Note. — For cases in point; see vol. 41, Cent. Dig. Railroads, §§■• 802-804.].</p> <p>2. Removal of Causes — Joint or Severable Action.</p> <p>The declaration, in an action in a state court by an employé of a railroad company which is a citizen of another state, operating a railroad' under a lease from a local company, against both lessor and lessee, to recover for personal injuries alleged to have resulted solely from the negligence of the lessee in operating a train with improper and defective-equipment, does not state a joint cause of action against the defendants,, but a single cause of action against the lessee alone, and the action is removable by such defendant.</p> <p>B. Courts — United States Courts — Following State Decisions.</p> <p>The question whether a lessor railroad company is liable for the negligence of its lessee in the operation of trains on its road, in the absence-of any state statute on the subject, is one of general law, as to which a-federal court is not bound by the decisions of the highest court of the-state in determining whether or not a cause is removable from a court of the state, but is governed by the rule established by federal decisions.</p> <p>[Ed. Note. — State laws as rules of decision in federal courts, see notes-to Wilson v. Perrin, 11 C. Cl A. 71; Hill v. Hite, 29 C. C. A. 553.]</p>