Southern Railway Co. v. Lloyd, 239 U.S. 496 (1916)

Southern Railway Company v. Lloyd

No. 296

Argued November 29, 1915
Decided January 10, 1916
239 U.S. 496

ERROR TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

The Employers’ Liability Act, as amended in 1910, expressly provides that the state court has jurisdiction of actions thereunder, and no case brought in the state court thereunder is removable to the federal court merely because of diversity of citizenship.

The right of removal cannot be established by a petition which simply traverses the facts alleged in the complaint; the state court is only required to surrender its jurisdiction over a nonresident defendant joined with a resident when the facts alleged fairly raise the issue of fraud in the joinder.

An order of nonsuit in the trial court as to the resident defendant from which plaintiff availed of a right of review by appeal to the higher court does not make the case removable as to the nonresident defendant. American Car Co. v. Kettelhake, 236 U.S. 311.

There having been testimony supporting plaintiff’s allegations that he was engaged in interstate commerce, and the court having charged that the burden was on plaintiff to prove such allegation, the issue was properly left to the jury.

The conclusion of the state court, fully supported by the record that no issue was made or submitted to the trial court as to assumption of risk, and therefore, under state practice, no question concerning that subject is presented on appeal, denies no right of federal character.

166 N.C. 24 affirmed.

The facts, which involve the validity of the refusal of the state court to remove an action to the federal court and of its judgment in an action brought under the Employers’ Liability Act, are stated in the opinion.