Hoye v. Great Northern Ry. Co.

Citations

• 120 F. 712
• 1903 U.S. App. LEXIS 5304

Syllabus

<p>1. Connecting Railroads — Transfer of Cars — Duty of Inspection.</p> <p>When, by agreement between railroad companies owning connecting lines, cars are transferred from one road to the other, both companies owe the duty to employés of the receiving company to exercise reasonable care to see that such cars are in proper repair; and, where such an employé is injured by reason of a defect which existed when a car was so transferred, he may join both companies as defendants in an action for the injury.</p> <p>2. Removal of Causes — Separate Controversy — Action for Joint Negligence.</p> <p>An action to recover for a personal injury alleged to have resulted from, the concurring negligence of two defendants, each of whom owed a separate duty of care to the plaintiff, is not removable by one defendant, who is a nonresident of the state, on the ground that it involves a separable controversy.</p> <p>¶ 2. 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>