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Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906)
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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.
Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906)
Cincinnati, New Orleans & Texas Pacific Railway Company v. Bohon No. 177 Argued December 15, 1905 Decided January 2, 1906 200 U.S. 221
ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY
Syllabus
Alabama Souther Railway v. Thompson, ante, p. 206, followed to effect that a railroad corporation, sued jointly with its servant for negligence of the latter for which the former is responsible, may not remove the case into the federal court unless diversity of citizenship also exists as to the other defendants.
A state has the right by its constitution and laws to regulate actions for negligence, and where it provides, as has been done by § 241 of the constitution and § 6 of the statutes of Kentucky, that a plaintiff may proceed jointly or severally against those liable for the injury, nothing in the federal removal statute converts such an action into a separable controversy for the purposes of removal because of the presence of a nonresident defendant therein properly joined under the law of the state wherein it is conducting operations and is duly served with process.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906) in 200 U.S. 221 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DPBYIKUMIYRNTKW.
MLA: U.S. Supreme Court. "Syllabus." Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906), in 200 U.S. 221, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DPBYIKUMIYRNTKW.
Harvard: U.S. Supreme Court, 'Syllabus' in Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906). cited in 1906, 200 U.S. 221. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DPBYIKUMIYRNTKW.
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