Ross v. Erie R.

Citations

• 120 F. 703
• 1902 U.S. App. LEXIS 5319

Syllabus

<p>1. Removal of Causes — Diverse Citizenship — Fraudulent Joinder of Defendant.</p> <p>One of two defendants against whom action is brought as employers of plaintiff’s intestate for his death may have the action removed on the ground of diverse citizenship, notwithstanding the other defendant is a citizen of the same state as plaintiff, the verified petition for removal alleging that deceased was never in the employ of the other defendant, and that it was fraudulently joined as a defendant solely to defeat the right of removal, and accompanying this being an affidavit of the other defendant that deceased was never in its employ, and that it had no connection with the accident, and plaintiff neither traversing the petition nor offering evidence in denial of its averments.</p> <p>¶ 1. Diverse citizenship ground of federal jurisdiction, see notes to Shipp, v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.</p>