Danforth v. Pure Oil Co.’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No voluntary abandonment by the plaintiff of her cause of action against the resident defendant Baker has been taken in the ..state court, but, on the contrary, the record discloses that she is still prosecuting the action against this defendant in every possible manner. It is well settled that a case was not removable because the court had held that as to the resident defendant there was not sufficient evidence to warrant a verdict, and sustained a demurrer to the evidence. American Car & Foundry Co. v. Kettelhake, 236 U.S. 311 , 35 S.Ct. 355 , 59 L.Ed. 594 . “The authorities cited by the Pure Oil Company in support of its contention for the removal of the cause at this stage of the proceedings are considered by the United States Supreme Court in the American Car & Fdry. Co. v. Kettelhake case, supra, and in my opinion this case is controlling of the questions presented. At page 356 of the opinion in 35 S. Ct. ( 236 U.S. 316 ), Mr. Justice Day, speaking for the court, said: ‘Where there is a joint cause of action against defendants resident of the same state with the plaintiff and a nonresident defendant, it must appear, to make the case a removable one as to a nonresident defendant, * * * that the discontinuance as to such defendants was voluntary on the part of the plaintiff, and that such action has taken the resident defendants out of the case, so as to leave a controversy wholly between the plaintiff and the nonresident defendant.' ””

   1 later decision quote this exact passage · from the majority
   e.g. 163 F. Supp. 298 - Stone v. Foster