Johnson v. Southern Railway Co.

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Defendant Southern Railway Company’s (“Southern”) Motion, pursuant to Rule 12(d) of the Federal Rules of Civil Procedure, to determine before trial Southern’s “First Defense to Second Cause of Action,” its “Third Defense to Third Cause of Action,” and its “Third Defense to First Cause of Action.”

All of the above defenses contend that insofar as the causes of action in the Complaint are based on the alleged violations of the Ordinance of the City of Charlotte governing the speed of trains through…