Jaffe v. Philadelphia & Western R.

KIRKPATRICK, District Judge;

The Statute (28 U.S.C.A. § 80),1 so far as being applicable to this action, provides that if it shall appear (1) that the suit does not really and substantially involve a controversy within the jurisdiction of the court, or (2) that one of the parties has been improperly or collusively made for the purpose of creating a case within the diversity jurisdiction of the court, the action must be dismissed.

Under the law of Pennsylvania, the administrator in a suit to recover damages for the death of his decedent is a real party in interest. He can control the action and…