Perkins v. Lake Superior & S. E. Ry. Co.

Citations

• 140 F. 906
• 1905 U.S. App. LEXIS 4855

Syllabus

<p>Removal of Causes — Separable Controversy — Condemnation Proceedings.</p> <p>In a condemnation proceeding instituted by a railroad company, under Rev. St. Wis. 1898, § 1845 et seq., by the filing of a petition in a circuit court of the state against numerous property owners, upon which the statute provides for a hearing as to petitioner’s right to condemn, and, if such right is sustained, for the appointment of a commission, which, on request of the company or the owner, shall appraise any piece of the property described, from which appraisal an appeal may be taken to the court, and tried to a jury as in ordinary law actions, there is a single controversy only presented as to the right to condemn, to be determined between the petitioner, on one side, and all of the parties joined as defendants, on the other; and the mere fact that a defendant is the owner of part of the lands sought to be taken in severalty does not create a separable controversy between him and the petitioner, which entitles him to remove the proceeding into a federal court on the ground of diversity of citizenship.</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Removal of Causes, §§ 94-103.</p> <p>Separable controversy ground for removal of cause to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Valley town Mineral Co., 35 C. C. A. 155.]</p>