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GREAT NORTHERN RY. CO. V. GALBREATH CATTLE CO., 271 U. S. 99 (1926)

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U.S. Supreme Court

Great Northern Ry. Co. v. Galbreath Cattle Co., 271 U.S. 99 (1926)

Great Northern Railway Company v. Galbreath Cattle Company

No. 138

Argued January 15, 1926

Decided April 19, 1926

271 U.S. 99

Syllabus

1. Where a petition for removal is based on diverse citizenship and also on the ground that the suit arises under federal law, the case is removable if either ground be well taken. P. 271 U. S. 101.

2. Where the removal papers are well grounded, it is error for the state court to deny the petition and proceed further with the case. Id.

3. An action against a railroad by one who was owner, consignor, and consignee of cattle shipped in, partly by another railroad, from another state on a through bill of lading governed by the Carmack Amendment, for damage resulting from defendant's failure to unload them, while in transit, for rest, water, and feeding at required by the Act of Congress (34 Stat. 607), is a suit arising under the laws of the United States. P. 271 U. S. 102.

4. A suit by a citizen of the state where it is brought and a citizen of another state, against a citizen of a third state, is a suit between chanroblesvirtualawlibrary

Page 271 U. S. 100

citizens of different states in the sense of Jud.Code, § 24, defining the general jurisdiction of the district courts, and, the other requisites being present, is removable by the defendant to that court from a state court. Jud.Code, § 28. P. 271 U. S. 102.

66 Mont.198; 71 id. 56, reversed.

Certiorari to a judgment of the Supreme Court of Montana affirming a judgment against the railway company in an action for damages to a shipment of cattle.





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