Seaboard Air Line Ry. v. North Carolina R.

Citations

• 123 F. 629
• 1903 U.S. App. LEXIS 4928

Syllabus

<p>J. Removal of Causes—Separable Controversy—Formal Parties.</p> <p>In a proceeding to condemn right of way for a railroad over a portion of the right of way of another road which is under a lease having 90 years to run, in which the lessee, lessor, and the original owners of the land are joined as defendants, neither the lessor nor the owners of the fee have any present interest in the controversy, and they are merely nominal parties, whose interests are separable from that of the lessee, and whose presence will not deprive the lessee of the right Of removal.</p> <p>2. Same—Local Prejudice—Resident and Nonresident Defendants.</p> <p>A defendant who is a citizen of a state other than that in which the suit is brought may remove the same to a federal court on the ground of local prejudice, although there are other defendants who are citizens of the same state in which the suit is pending.</p> <p>¶ 1. Separable controversy as ground for removal of cause to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Mineral Co., 35 C. C. A. 155.</p> <p>¶ 2. Removal of cause to federal court for prejudice or local influence, see note to P. Schwenk & Co. v. Strang, 8 C. C. A. 95.</p>