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Illinois Central R. Co. v. Sheegog, 215 U.S. 308 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Illinois Central R. Co. v. Sheegog, 215 U.S. 308 (1909)
Illinois Central Railroad Company v. Sheegog No. 41 Argued December 12, 1909 Decided December 20, 1909 215 U.S. 308
ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY
Syllabus
Where the joinder of the resident and the nonresident defendants prevents removal to the federal court, the fact that, on the trial, the jury finds against the nonresident defendant only has no bearing on the question of removal if the joinder was not fraudulent.
Allegations of fact, so far as material in a petition to remove, if controverted, must be tried in the federal court, and therefore must be taken to be true when the state court fails to consider them.
A plaintiff may sue the tortfeasors jointly if he sees fit, regardless of motive, and an allegation that resident and nonresident tortfeasors are sued for the purpose of preventing removal to the federal court is not a sufficient allegation that the joinder was fraudulent.
A lessor railroad company remains responsible, so far as its duty to the public is concerned, notwithstanding it may lease its road, unless relieved by a statute of the state.
Whether defendants can be sued jointly as tortfeasors is for the state court to decide, and so held that, where the state court decides that a lessor road in that state is responsible for keeping its roadbed in order, the joinder of both lessor and lessee road in a suit for damages caused by imperfect roadbed and management is not fraudulent, and the lessee road, although nonresident, cannot remove if the lessor road is resident.
126 Ky. 252 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Illinois Central R. Co. v. Sheegog, 215 U.S. 308 (1909) in 215 U.S. 308 215 U.S. 315. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1VR3YJB49RFG1DT.
MLA: U.S. Supreme Court. "Syllabus." Illinois Central R. Co. v. Sheegog, 215 U.S. 308 (1909), in 215 U.S. 308, page 215 U.S. 315. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1VR3YJB49RFG1DT.
Harvard: U.S. Supreme Court, 'Syllabus' in Illinois Central R. Co. v. Sheegog, 215 U.S. 308 (1909). cited in 1909, 215 U.S. 308, pp.215 U.S. 315. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1VR3YJB49RFG1DT.
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