Kelly v. Great Atlantic & Pacific Tea Co.

The petition for removal, besides showing the presence of the requisite jurisdictional amount, asserts rights of removal on the grounds of diverse citizenship and (1) fraudulent joinder of resident defendants, and (2) separable controversies.

The trial court held that as the allegations of the complaint all point to the failure of the corporate defendant to discharge its nondelegable duty to furnish plaintiff, an employee, a reasonably safe place to work, the ease was controlled by the line of decisions of which Cox v. Lbr. Co., 193 N. C., 28, 136 S. E., 254; Johnson v. Lbr. Co., 189 N. C.,…