Oregon Short Line Railway Company v. Skottowe

This was an action brought in the circuit court of the state of Oregon for Wasco county, by Jane Skottowe, against the Oregon Short Line & Utah Northern Railway Company, for personal injuries alleged to have been caused by the negligence of the defendant company. The complaint was filed on October 31, 1890, and on November 10, 1890, the defendant filed a petition for the removal of the cause from the state court into the circuit court of the United States. This petition was denied, to which ruling the defendant excepted.

The case was proceeded in, and trial on the merits in the state court resulted in a verdict and judgment in favor of the plaintiff in the sum of $10,000. To this judgment a writ of error was sued out to the supreme court of the state of Oregon (30 Pac. 222); assigning as error, among others, the action of the trial court in denying the defendant's petition for the removal of the cause into the circuit court of the United States.

The supreme court of the state affirmed the judgment of the trial court, and a writ of error was allowed to this court.

John M. Thurston, for plaintiff in error.

[Argument of Counsel from pages 490-493 intentionally omitted]

Alfred S. Bennett, for defendant in error.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.