Veariel v. United Engineering & Foundry Co.

Citations

• 197 F. 877
• 1912 U.S. Dist. LEXIS 1502

Syllabus

<p>Removal or Causes (§ 49*) — Separable Controversies — Master and Servant.</p> <p>Since an action cannot be maintained in. Ohio against an employer and employé jointly for negligence of the employé, based on the doctrine of respondeat superior, an action by a citizen of that state against two defendants, an employer and employé, the employé, but not the employer, being a citizen, based on such negligence, involves a separable controversy, which the employer is entitled to remove to a federal court.</p> <p>[Ed. Note. — For other cases, see Removal of Causes, Cent. Dig. §§ 95-99; Dee. Dig. § 49.*</p> <p>Separable controversy as ground for removal of cause, see notes to Robbins v. Ellenbogen, 18 C. C. A. 86; Mecke v. Valleytown Mineral Co., 35 C. C. A. 155; Pollitz v. Wabash R. Co., 100 C. C. A. 4.)</p>