Great Northern Railway Company v. Galbreath Catte Company

United States Supreme Court

271 U.S. 99

Great Northern Railway Company  v.  Galbreath Catte Company

 Argued: Jan. 15, 1926. --- Decided: April 19, 1926

Under Judicial Code, §§ 28, 29 (Comp. St. §§ 1010, 1011), if any ground of petition for removal to federal court is well taken, it is error for state court to deny petition and proceed further with case.

Whether case is one arising under the laws of United States, as affects right of removal to federal court, is determinable from statement of cause of action in complaint.

Where cattle were shipped in interstate commerce under bills of lading issued under Carmack Amendment (Comp. St. §§ 8604a, 8604aa), and allegedly injured through carrier's unreasonable delay and failure to unload, as required by Act June 29, 1906, § (Comp. St. § 8651), held, action for damages was one arising under the laws of the United States, as affected right of removal to federal court, under Judicial Code, § 28 (Comp. St. § 1010).

Action between citizens of different states, within Judicial Code, § 24 (Comp. St. § 991), was removable to federal court under section 28 (Comp. St. § 1010), though, as matter of venue, action could not have been brought originally in court to which removal was sought.

Mr. J. Parker Veazey, Jr., of Great Falls, Mont., for petitioner.

Mr. Samuel Herrick, of Washington, D. C., for respondents.

Mr. Justice VAN DEVANTER delivered the opinion of the Court.

Notes