Chicago Rock Island Pacific Railway Company v. Martin

This was an action brought by Lissa Martin as administratrix of William Martin, deceased, against the Chicago, Rock Island, & Pacific Railway Company, in the district court of Clay county, Kansas, to recover damages for the death of the decedent. Plaintiff's petition was filed January 26, 1894, and on February 14, 1894, the Chicago, Rock Island, & Pacific Railroad Company filed its separate answer thereto. February 20, 1894, defendants Clark and others, as receivers, presented their petition and bond, praying for the removal of the cause to the United States circuit court for the district of Kansas, on the ground that the case arose under the Constitution and laws of the United States, which application was overruled by the district court, and the receivers duly excepted. The cause was tried, the jury returned a verdict in favor of plaintiff and against all the defendants, and judgment was entered thereon. The cause was taken on error to the supreme court of Kansas by the defendants, and the judgment was by that court affirmed. 59 Kan. 437, 53 Pac. 461.

The refusal of the state court to remove the cause to the circuit court of the United States on the application of the receivers was relied on as error throughout the proceedings, and the supreme court of Kansas held, among other things, that the application for removal was properly denied because all the defendants were charged with jointly causing the death of plaintiff's intestate, and all did not join in the petition for removal.

Messrs. Winslow S. Pierce, A. L. Williams, W. R. Kelly, M. A. Low, N. H. Loomis, and W. F. Evans for plaintiffs in error.

Messrs. A. A. Godard and F. B. Dawes for defendant in error.

Mr. Chief Justice Fuller delivered the opinion of the court: