Madisonville Traction Co. v. St. Bernard Min. Co.

Citations

• 130 F. 789
• 1904 U.S. App. LEXIS 4848

Syllabus

<p>1. Federal Courts — Removal oe Cause — Citizenship—Eminent Domain.</p> <p>Where suit was brought for the condemnation of land for a railroad right of way by a Kentucky railroad corporation against a citizen of another state, the railroad company was the sole actor in the proceeding, though attempting to use the state’s power of eminent domain, and, the suit being one of a civil nature involving more than $2,000, exclusive of interest and costs, it was removable to the federal courts.</p> <p>2. Same — Statutes—Construction.</p> <p>Section 1, Acts March 3, 1887, c. 373, 24 Stat. 552, and August 13, 1888, c. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 509], providing that any suit of a civil nature, at law or in equity, of which the Circuit Courts of the United States are given jurisdiction by the preceding section, may be removed into the Circuit Court of the United States for the proper district by the defendant or defendants therein, “being non-residents of that state,” held, that the phrase “being non-residents of that state” should be construed as equivalent to the words “not being citizens of that state.”</p> <p>3. Same.</p> <p>The jurisdiction of the Circuit Court of suits removed from the state court, as authorized by section 1, Acts March 3, 1887, c. 373. 24 Stat. 552, and August 13, 1888, c. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508], depends alone on the diverse citizenship of the parties and the amount in controversy, those parts of the statute relating to “inhabitancy” and “residents” being matters which affect the personal privilege of venue only.</p> <p>If 1. Diverse citizenship as a ground of federal jurisdiction, see notes to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p> <p>4. Same — Effect of Removal.</p> <p>Where preliminary proceedings were taken for the condemnation of land for a railroad right of way without notice to the nonresident owner thereof, and no notice was given to such owner until after the report