Southern Railway Co. v. Lloyd

Citations

• 239 U.S. 496
• 36 S. Ct. 210
• 60 L. Ed. 402
• 1916 U.S. LEXIS 1922

Syllabus

<p>The Employers’ Liability Act as amended in 1910 expressly provides that the state court has jurisdiction of actions thereunder and no case brought in the state court thereunder is removable to the Federal court merely because of diversity of citizenship.</p> <p>The right of removal cannot be established by a petition which simply traverses the facts alleged in the complaint; the state court is only required to surrender its jurisdiction over a non-resident defendant joined with a resident when the facts alleged fairly raise the issue of fraud in the joinder.</p> <p>An order of non-suit in the trial court as to the resident defendant from which plaintiff availed of a right of review by appeal to the higher court, does not make the case removable as to the non resident defendant. American Car Co. v. Kettelhake, 236 U. S. 311.</p> <p>There having been testimony supporting plaintiff’s allegations that he was engaged in interstate commerce, and the court having charged that the burden was on plaintiff to prove such allegation, the issue was properly left to the jury.</p> <p>The conclusion of the state court, fully supported by the record that no issue was made or submitted to the trial court as to assumption of risk and therefore, under state practice no question concerning that subject is presented on appeal,denies no right of Federal character.</p>