Great Northern Ry. Co. v. Alexander,
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246 U.S. 276 (1918)
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U.S. Supreme Court
Great Northern Ry. Co. v. Alexander, 246 U.S. 276 (1918)
Great Northern Railway Company v. Alexander
Argued January 15, 1918
Decided March 4, 1918
246 U.S. 276
A case arising under the Federal Employers' Liability Act between citizens of different states is not removable from a state to a federal district court on either ground.
In the absence of a fraudulent purpose to defeat removal, the status, with respect to removability, of a case alleged to be one arising under the Federal Employers' Liability Act depends not upon what the defendant may allege or prove or what the court may, after hearing
upon the merits, in invitum order, but solely upon the form which the plaintiff voluntarily gives to his pleading initially and as the case progressed.
Therefore, where the complaint states a cause under the Federal Act, the failure of the plaintiff to prove that the employee was engaged in interstate commerce when injured will not leave the case removable because of diverse citizenship appearing in the complaint. A contention to the contrary is not a claim of federal right of sufficient substance to afford this Court jurisdiction to review a state court's judgment.
Writ of error to review 51 Mont. 565 dismissed.
The case is stated in the opinion.