Fitzgerald v. Southern Railway Company

HERLANDS, District Judge.

Whether “diversity” exists for purposes of diversity-of-citizenship jurisdiction is the fundamental question posed by the fact that the defendant New York Central Railroad Company is a multi-state corporation. The issue is raised by said defendant’s cross-motion to dismiss-as to said defendant for lack of jurisdiction. Plaintiffs have moved to strike out said defendant’s answer on the ground that said defendant has defaulted in answering plaintiffs’ interrogatories.

This action, based jurisdictionally on diversity of citizenship, is for personal injuries and loss of…