McKee v. Southern Railway Co.

ORDER

O’KELLEY, District Judge.

This motion before the Court is one for summary judgment which is grounded upon lack of jurisdiction.

OUTLINE OF FACTS

The case before the Court is one based upon tort, arising out of an injury received by plaintiff McKee while he was working within the scope of his employment upon the premises of his employer, defendant Southern Railway Company. *906The Complaint alleges that while in the performance of his duties, a fellow servant negligently caused a part of a large crane to strike a smaller jib crane manufactured by the third-party defendant, thereby causing the…