Dwinelle v. Union Pac. R.

SYMES, District Judge.

On plaintiffs’ motion to remand:

The plaintiffs are heirs of law of Fred R.. Dwindle, deceased, who was killed in a grade crossing collision between a passenger motorcar operated by the defendant railroad — a common carrier — and an automobile truck owned by the defendant Cox, driven by his employee Perry, in which the deceased, Dwindle, was riding as a guest. The defendant Finn, an employee of the railroad company, was the motorman of said motorcar. It is alleged that Finn operated the motorcar at an excessive rate of speed, did not keep a reasonable and prudent lookout,…