Plaintiff, a citizen of Utah, brought a joint action for damages in a state court of Utah against Powell, also a citizen of Utah, and the Denver & Rio Grande Western Railroad Company, a Delaware corporation. Plaintiff alleged both an assault and battery by Powell in the depot of the railroad company, and negligence of the railroad company in failing to take action to prevent or arrest this assault. The railroad company had the entire action removed to the federal district court under section 1441(c) of the Judicial Code. Upon motion of the railroad company, the claim against it was severed, and eventually compromised and dismissed. Plaintiff then filed a motion to remand his remaining action against Powell, which was denied. After judgment went for Powell, plaintiff appealed. The court of appeals held, remanded with instructions to vacate the judgment against Powell and remand this action to the state court. Under section 1441(c) of the Judicial Code, no "separate and independent claim or cause of action" existed as there was but a single injury for which relief was sought. Snow v. Powell, (10th Cir. 1951) 189 F. (2d) 172.
Wilber M. Brucker, Jr. S.Ed.,
FEDERAL PROCEDURE-JURISDICTION-REMOVAL UNDER SECTION 1441(C) OF TITLE 28 BY NONRESIDENT DEFENDANT WHERE JOINT TORTS CAUSE A SINGLE INJURY,
Mich. L. Rev.
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