Murnan v. Wabash Railway Co.

This action is brought under the Federal Employers’ Liability Act (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143) to recover $50,000 damages for personal injuries stated to have been sustained by plaintiff on February 28, 1926, while in the defendant’s employ at the defendant’s Oakwood yard at Detroit, Mich., as the result of being thrown while upon the top of a caboose which collided with a locomotive.

The defendant is an Indiana corporation. Plaintiff claims a residence in Waterbury, Conn., but defendant asserts that he is a resident of Detroit, Mich. Concededly,…