Malia v. Southern Pac. Co.

GARVIN, District Judge.

This is a motion by the plaintiff to remand this cause to the Supreme Court of the State of New York, Queens County, from whence it has been removed, on the ground that the action is brought under section 33 of the Merchant Marine Act of June 5, 1920 (41 Stat. 1007), which provides that in an action similar to the case at bar all statutes of the United States modifying or extending the common-law right or remedy in cases of personal inj ury to railroad employees shall apply. Section 28 of the Judicial Code (Comp. St. § 1010), relating to the. removal of cases, prohibits…