McGuire v. Great Northern Ry. Co.

Citations

• 153 F. 434
• 1907 U.S. App. LEXIS 5102

Syllabus

<p>1. Removal of Causes — Motion to Remand — Alleged Fraudulent Joinder of Defendants.</p> <p>On a motion to remand a cause removed by one of a number of defendants, the merits of the contfoversy can be considered only for the purpose of ascertaining the real nature of the alleged cause or causes of action against the several defendants, and whether or not there has been a fraudulent joinder of parties defendant for the purpose of defeating the jurisdiction of the federal court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Removal of Causes, § 227.</p> <p>Fraudulent joinder of parties to prevent removal, see note to Offner v. Chicago & E. R. Co., 78 C. C. A. 362.]</p> <p>2. Carriers — Loss of Goods — Liability of Connecting Carriers.</p> <p>The fact that the destination of a shipment received by a railroad for transportation is beyond its own line, or that it was received from another carrier to be transported to a point on its own line, does not create any joint responsibility between the connecting carriers, where the shipment over each is under a separate contract which limits its liability for loss or injuries to such as may occur on its own line.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Carriers, §§ 817, 818.]</p> <p>3. Removal of Causes — Separable Controversy — Fraudulent Joinder of Defendants.</p> <p>In an action in a state court, a railroad company of the state, a local station agent on its line, and a railroad company of another state were joined as defendants. The petition alleged that through the joint negligence of defendants a shipper was furnished an unfit car at the local station in which to ship certain goods and to transport the shipper from such station to a point on the line of the second railroad company; that both companies carried the shipper and his property in such car to a point on the line of the second company, where they negligently set the car on fire, and thus caused the death of the shipper and