Roberts v. Shelby Steel Tube Co.
U.S. Court of Appeals for the Sixth Circuit
Roberts v. Shelby Steel Tube Co., 131 F. 729 (6th Cir. 1904)
65 C.C.A. 589; 1904 U.S. App. LEXIS 4314
Roberts v. Shelby Steel Tube Co.
Opinion of the Court
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.
Reference
- Full Case Name
- ROBERTS v. SHELBY STEEL TUBE CO.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- X, Master and Servant — Injuries to Servant — Federal Courts — Jurisdiction — Citizenship—Separable Controversy. Where a petition in a state court in an action for injuries to a servant against the master and a servant alleged concurring acts of negligence of the master and the servant, and the servant was of the same citizenship as plaintiff, the case did not present a separable controversy between plaintiff and the master, and was not, therefore, removable to the federal court ¶1. Separable controversy as ground for removal of suit to federal court, see notes to Robbins v. Ellenbogen, 18 C. C. A. 80: Meche v. Valley town Mineral Co., 35 C. C. A. 155.