Marach v. Columbia Box Co.

Citations

• 179 F. 412
• 1910 U.S. App. LEXIS 5419

Syllabus

<p>Removal of Causes (§ 49*) — Citizenship—Separable Controversy.</p> <p>Plaintiff alleged the death of her decedent while working in the mill of defendant box company, a foreign corporation, owing to the latter’s failure to provide a reasonably safe place for plaintiff to work, in that such company was required, but failed, to provide a guarded platform over its shaving pit, where plaintiff was required to go to open the pipes leading into it, and that while performing such work, and using a defective stick provided by defendant, deceased fell from the platform by reason of its unguarded condition, and lost his life. The petition alléged, also, that defendant K., a resident of the same state as plaintiff, was negligent in failing to inspect the place and appliances, and discover and report any defects found therein to defendant company. Held, that the box company and defendant K. were not jointly liable, but that there was a separable controversy between plaintiff and the box company, which was removable to the federal court.</p> <p>[Eld. Note. — For other cases, see Removal of Causes, Dec. Dig. § 49.*</p> <p>Separable controversy as ground for removal of cause, see notes to Robbins v. Elllenbogen, 18 C. C. A. 86; Mecke v. Valleytown Mineral Co., 35'C. C. A. 155.]</p>