Lee v. Chesapeake & Ohio Ry. Co., 260 U.S. 653 (1923)

Lee v. Chesapeake & Ohio Railway Company

No. 422

Argued January 5, 1923
Decided January 22, 1923
260 U.S. 653

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF KENTUCKY

Syllabus

1. A case which, by virtue of the diverse citizenship of the parties, falls within the general jurisdiction of the district courts as conferred by Jud.Code § 24, is within the general jurisdiction of a district court sitting in a state of which neither party is a citizen. P. 654.

2. The clause of Jud.Code § 51 providing that such suits shall be brought only in the district court in the district of the residence of either the plaintiff or the defendant does not limit the general jurisdiction created by § 24, or withdraw any suit therefrom, but merely confers a personal privilege on the defendant, which he may assert or waive, at his election. P. 655.

3. Whenever such a suit is removed from a state court under Jud.Code § 28, the removal must be to the district court in the district where the suit is pending. Id., §§ 29, 53. P. 656.

4. The right of removal under § 28 is exercisable by the defendant or defendants without regard to the assent of the plaintiff. P. 658.

5. An action between citizens of different states begun in a court of a which neither is a citizen is removable by the defendant to the district court of the district in which the suit is pending. P. 658. Ex parte Wisner, 203 U.S. 449, overruled; In re Moore, 209 U.S. 490, qualified.

6. The purpose of the Act of August 13, 1888, c. 866, 25 Stat. 433, to contract the jurisdiction of the circuit courts affords no basis for subtracting from its provisions where definite and free from ambiguity. P. 660.

Affirmed.

Error to a judgment of the district court sustaining its jurisdiction and dismissing the complaint in an action for personal injuries removed from a state court.