Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon - 200 U.S. 221 (1906)
U.S. Supreme Court
Cincinnati, N.O & Tex. Pac. Ry. Co. v. Bohon, 200 U.S. 221 (1906)
Cincinnati, New Orleans & Texas
Pacific Railway Company v. Bohon
Argued December 15, 1905
Decided January 2, 1906
200 U.S. 221
Alabama Souther Railway v. Thompson, ante, p. 200 U. S. 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.