Mason v. Helms

WARING, Chief Judge.

This is a case based upon a complaint alleging wrongful death under Lord Campbell’s Act. (Code 1942, §§ 411, 412.) The Administrator is a resident of the State of North Carolina and so are the Defendants. The cause was removed here from the Court of Common Pleas for Marlboro County, South Carolina. There is a motion to remand.

Since the Plaintiff Administrator and the Defendants are residents of the same state, there is no diversity of citizenship. The facts of the case are quite similar to and appear to be governed by the case of Breeden v. Atlantic Coast Line R. R. Co.,…