Dougherty v. Atchison, T. & S. F. R. Co.

Citations

• 126 F. 239
• 1903 U.S. App. LEXIS 5163

Syllabus

<p>1, Removal of Causes — Citizenship— Concurring Negligence.</p> <p>Where, in an action for injuries to a passenger against the railroad company and the conductor of the train, the plaintiff and the conductor were citizens of the same state, but the citizenship of the railroad was diverse, and the complaint charged the railroad company with negligence in accepting and carrying an insane person as a passenger without effective protection, and charged the conductor with negligence in failing to restrain such person so as to prevent assaults which he committed on plaintiff, the negligence of both defendants was concurrent, and the complaint did not present a separable controversy, so as to entitle the railroad company to remove the cause to the federal court.</p> <p>IT 1. Separable controversy as ground for removal of cause to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Valleytown Mineral Co., 35 C. C. A. 155.</p>