Southern Pacific Co. v. Stewart, 245 U.S. 359 (1917)

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Where the complaint states a cause of action against a common carrier for loss or damage in transit to goods shipped in interstate commerce, the case is removable from the state to the district court as one arising under a law of the United States (the Carmack Amendment) if, as required by the Act of January 20, 1914, c. 11, 38 Stat. 278, the amount in controversy exceeds the sum or value of $3,000.00, exclusive of interest and costs.

In a case of interstate shipment governed by the Carmack Amendment, it is to be presumed, the complaint being silent on the subject, that the carrier issued a receipt or bill of lading as the Amendment requires.

Though an action be removable from the state to the district court as one arising under a federal law, yet, if the defendant remove it upon a petition resting solely on the ground of diverse citizenship, the jurisdiction of the district court must be deemed to have been invoked upon that ground alone, and, consequently, under Judicial Code, §§ 128, 241, a judgment of the circuit court of appeals in the case is not reviewable in this Court by writ of error.

Writ of error to review 233 F. 956, dismissed.

The case is stated in the opinion.