Edward Terry Sanford

“ The sole ground alleged for the removal was that the plaintiff's petition showed 'upon its face' that there was 'a separable controversy' in the cause between the plaintiff and the Stores Company, citizens of different States, in that, under its allegations, whatever the previous negligence of the Stores Company, the negligent failure of McCormick to stop or divert his truck so as to avoid the collision, was 'the sole proximate cause' of the collision and of the plaintiff's injuries, and that 'hence' no joint cause of action was stated against the defendants. ”

“ It is well settled by the decisions of this court, that an action brought in a State court against two defendants jointly, in which the plaintiff states a case of joint liability arising out of the concurrent negligence of the defendants, does not present a separable controversy authorizing the removal of the cause to a Federal court, even though the plaintiff might have sued the defendants separately ”

“ Powers v. Chesapeake & Ohio Railway, 169 U.S. 92, 97, 18 S.C.t. 264, 42 L. Ed. 673; Alabama Southern Railway v. Thompson, 200 U S. 206, 214, 26 S.C.t. 161, 50 L. Ed. 441, 4 Ann. Cas. 1147; Chicago, R. I. & Pac. Railway v. ”