U.S. Court of Appeals for the Sixth Circuit, 1904

Roberts v. Shelby Steel Tube Co.

Roberts v. Shelby Steel Tube Co.
U.S. Court of Appeals for the Sixth Circuit · Decided July 9, 1904
131 F. 729; 65 C.C.A. 589; 1904 U.S. App. LEXIS 4314

Counsel

Charles A. Thatcher, for plaintiff in error., Doyle & Lewis and J. W. Schaufelberger, for defendant in error.

Roberts v. Shelby Steel Tube Co.

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

PER CURIAM.

Reversed and remanded, with directions to remand to the state court. Petition charged concurring acts of negligence of master and servant, and was therefore not a removable case, as presenting a separable controversy between plaintiff and the corporation, and is therefore governed by Chesapeake & Ohio Ry. Co. v. Dixon, 179 U. S. 131, 21 Sup. Ct. 67, 45 L. Ed. 121, and Hunt v. American Bridge Co. (decided by this court at the May session) 130 Fed. 302.

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