Roberts v. Shelby Steel Tube Co.

• Decision Date: 09 July 1904
• Docket Number: 1,298.
• Citation: 131 F. 729
• Parties: ROBERTS v. SHELBY STEEL TUBE CO. et al.
• Court: U.S. Court of Appeals — Sixth Circuit

131 F. 729

ROBERTS v. SHELBY STEEL TUBE CO. et al.

No. 1,298.

United States Court of Appeals, Sixth Circuit.

July 9, 1904

In Error to the Circuit Court of the United States for the Southern District of Ohio.

Charles A. Thatcher, for plaintiff in error.

Doyle & Lewis and J. S. Schaufelberger, for defendant in error.

Before LURTON, SEVERENS, and RICHARDS, Circuit Judges.

PER CURIAM.

Reversed and remanded, with directions to remand to the state court. Petition charged concurring acts of negligence of master and servant, and was therefore not a removable case, as presenting a separable controversy between plaintiff and the corporation, and is therefore governed by Chesapeake & Ohio Ry. Co. v. Dixon, 170 U.S. 131, 21 Sup.Ct. 67, 45 L.Ed. 121, and Hunt v. American Bridge Co. (decided by this court at the May session) 130 F. 302.