Davis v. Slocomb
263 U.S. 158 (1923)

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U.S. Supreme Court

Davis v. Slocomb, 263 U.S. 158 (1923)

Davis v. Slocomb

No. 530

Motion to dismiss submitted October 1, 1923

Decided November 12, 1923

263 U.S. 158

Syllabus

1. An action for death by negligence, though based on a state statute, is an action arising under the laws of the United States when brought against the Director General of Railroads under § 10 of the Federal Control Act or against the Agent designated as his substitute under the Transportation Act, 1920. P. 263 U. S. 160.

2. But, because of the provision of the Federal Control Act forbidding transfer to a federal court of any action not so transferable prior to the federal control, an action against the Director General was not removable to the district court upon the ground that it arose under that act. P. 263 U. S. 160.

Page 263 U. S. 159

3. And the same limitation exists by implication when the action is brought against the Agent appointed under the Transportation Act, though the latter act contains no provision relating to removal of causes. P. 263 U. S. 161.

4. Where the only ground for removal of an action against the Agent was diversity of citizenship, a judgment of the circuit court of appeals affirming a recovery in the district court is not reviewable here by writ of error under Jud.Code § 241. Id.

Writ of error to review 288 F. 352 dismissed.

Error to a judgment of the circuit court of appeals affirming a judgment of the District Court for the plaintiff in an action for death caused by negligence of a railway under federal control.

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