Yeates v. Illinois Cent. R. Co.

Citations

• 137 F. 943
• 1905 U.S. App. LEXIS 5019

Syllabus

<p>1. Railroads—Liability of Lessor foe Lessee’s Negligence—Federal Rule.</p> <p>Under the holdings of the federal courts, a lessor of a railroad track is not liable for the negligence of its lessee in operating its trains on such track, and, the question being one of general law, a federal court is not controlled thereon by state decisions.</p> <p>2. Removal of Causes—Separable Controversy—Construction of Pleading.</p> <p>The question whether a declaration states a joint and not a severable cause of action against two defendants is to be determined from the facts alleged, and is not affected by an allegation that the act complained of was the joint and concurrent act of both defendants.</p> <p>[Ed. Note.—Separable controversy ground for removal of cause to federal court, see note to Robbins v. Ellenbogen, 18 C. C. A. 86; Meeke v. Valleytown Mineral Co., 35 C. C. A. 155.]</p> <p>3. Same—Joint Cause of Action.</p> <p>The declaration in an action in a state court against two railroad companies alleged that one was the owner of certain tracks which it leased to its codefendant, a portion of the trackage being used by the ■ two jointly and a portion exclusively by the lessee; that the lessor kept an employé in chargfe of a switch connecting the two, whose duty it was to switch the lessee’s trains onto the exclusive track when the same was clear; that such employé negligently switched an engine upon which plaintiff was working onto such track at a time when there was another train thereon moving in the opposite direction; that through the negligence of the lessee’s employés in charge of such train a collision occurred between the same and the engine on which plaintiff was in which he was injured. Held, that such declaration did not state a joint cause of action, but a separate and distinct cause against each defendant, and the suit was removable by one defendant which was a citizen of another state.</p> <p>[Ed. Note.—For cases in point, see vol. 42, Cent. Dig. Removal of