Martin v. City Water Co. of Chillicothe

Citations

• 197 F. 462
• 1912 U.S. Dist. LEXIS 1441

Syllabus

<p>1. Removal of Causes (§ 107*) — Amount in Controversy — Sufficiency of Allegations.</p> <p>Where a petition for removal filed by a water company alleged that the suit by a patron involved the question of the right of the company to maintain a metered service and to charge a meter rate, and that the amount in controversy exceeded, exclusive of interest and costs, $3,000, a motion to remand averring that the court had no jurisdiction because the amount in controversy did not exceed $100, and could not involve $3,000, though treated as a plea to the jurisdiction, must be overruled in the absence of proof to support it, especially where plaintiff based bis right to enjoin the company from changing the rates on contracts binding it to furnish water at flat rates for an indefinite period.</p> <p>[Ed. Note. — For other cases, see Removal of Canses, Cent. Dig. §§ 178, 225-231; Dec. Dig. § 107.*</p> <p>Jurisdiction of Circuit Courts as determined by the amount in controversy, see notes to Auer v. Lombard, 19 C. C. A. 75; Tennent-Stribling _ Shoe Co. v. Roper, 36 C. C. A. 459; O. J. Lewis Mercantile Co. v. Klepner, 100 C. C. A. 288.]</p> <p>2. Removal of Causes (§ 107*) — Amount in Controversy-Burden of Proof.</p> <p>A plaintiff moving to remand a cause to the state court has the burden - of proving that the amount involved is less than the jurisdictional amount.</p> <p>[Ed. Note. — For other eases, see Removal of Causes, Cent. Dig. §§ 178, 225-234; Dec. Dig. § 307.*]</p> <p>3. Removal of Causes (§ 107*) — Amount in Controversy — Allegation of Value — Conclusive ness.</p> <p>Where the maintenance of rates by a water company for water supply is the subject of dispute, and the object of a bill is to restrain it from increasing its rates, the alleged amount in controversy in a petition for removal to the federal court must govern until the contrary is conclusively shown.</p> <p>[Ed. Note.- — For olher cases, see Removal of Causes, Cent. Dig. §§ 178, 225-234; Dec. Dig. § 107.*