COURTS-REMOVAL OF CAUSES-JURISDICTIONAL AMOUNT

Authors

Abstract

Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except for "minor discomfort," both plaintiffs had entirely recovered and returned to work within three weeks after the accident. On the basis of this opening statement, the district judge remanded the cases to the state court. Defendant petitioned for the vacation of the order of remand. Held, that as neither plaintiff could recover the jurisdictional amount, the court had a clear duty to remand the cases. Turmine v. West Jersey & S. R. R. Ronono v. Same (D. C. E. D. Pa.), 44 F. (2d) 614.