United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southern Railway Co. v. Miller, 217 U.S. 209 (1910)

Southern Railway Company v. Miller

No. 122

Argued March 3, 1910

Decided April 4, 1910

217 U.S. 209

Syllabus

For the purposes of determining the removability of a cause, the case must be deemed to be such as the plaintiff has made it, in good faith, in his pleadings, and if a plaintiff in a suit for personal injuries joined with the foreign corporation one or more of its employees residents of plaintiff's state as defendants, and the state court holds that the joinder is not improper, the cause is not separable, and cannot be removed into the federal court. Alabama Great Southern R. Co. v. Thompson, 200 U. S. 206; Railway Co. v. Bohon, 200 U. S. 221.

After a case properly removable and moved into the federal court has been voluntarily dismissed without action on the merits, the case is again at large, and plaintiff may begin it again in any court of competent jurisdiction, including the state court from which the first case was removed into the circuit court.

59 S.E. 1115 affirmed.

The facts are stated in the opinion.

Page 217 U. S. 213