Reese v. Southern Ry. Co.

SIBLEY, District Judge.

Mrs. Reese, administratrix of Charles C. Reese, a citizen of Georgia, sued Southern Railway Company, a citizen of Virginia, in a state court of competent jurisdiction; the suit being framed under two distinct counts, one based expressly on the Federal Employers’ Liability Act (45 USCA §§ 51-59; Comp. St. §§ 8657-8665), and one on the state laws, both counts alleging the negligent homicide of the decedent while employed as switchman for thq defendant. The suit was removed to this court as one between citizens of different states.

A motion to remand is made, based on the…