Gay v. Ruff

Ruff brought in a state court of Georgia this suit against Gay, as receiver of the Savannah & Atlanta Rahway, appointed by the federal court for southern Georgia sitting in equity. The cause of action alleged is the homicide of plaintiff’s minor son as a result of the negligent operation of a train by employees of the receiver. Before trial in the state court, the receiver duly filed in the appropriate federal court a petition for removal and certiorari, under the amendment made by Act of August 23, 1916, c. 399, 39 Stat. 532 to Judicial Code § 33, which inserted therein the clause:

“ or…