Helms v. Northern Pac. Ry. Co.

Citations

• 120 F. 389
• 1903 U.S. App. LEXIS 5280

Syllabus

<p>1. Master and Servant — Negligence of Servant — Grounds for Master’s Liability.</p> <p>The liability of a master arising out of an act of negligence committed by his servant does not rest upon the ground that the master himself was negligent, but upon considerations of public policy, which hold him responsible for the acts of his agents when acting about his business.</p> <p>2. Same — Joint Action against Master and Servant — Misjoinder of Causes of Action.</p> <p>A joint action cannot be maintained against a railroad company and an employé to recover for an injury resulting solely from the negligence of the employé, the causes of action against the two defendants being separate and distinct, and based on different grounds; and this is espedaily true where the person injured was a fellow servant of the individual defendant, and the liability of the railroad company for the injury is wholly statutory.</p> <p>8. Removal of Causes — Separable Controversy — Misjoinder of Causes of Action.</p> <p>Where the cause of action alleged in a complaint against a railroad company and one of its employés is based solely on the alleged negligence of the employé, no concurrent negligence of the company being charged, the cause is removable by the company as involving a separable controversy, the requisite diversity of citizenship and amount involved being shown.</p> <p>¶ 3. Separable controversy as ground for removal of cause from state court to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Mineral Co., 35 C. C. A. 155.</p>