Bagwell v. Southern Ry. Co.

WYCHE, District Judge.

This matter is before me on plaintiff’s motion to remand the case to the court' of common pleas for Spartanburg county from whence it was removed by the petition of the nonresident defendant Southern Railway Company on the grounds of separable controversy and fraudulent joinder.

The action is one for damages for the death of plaintiff’s intestate, which occurred at a railway crossing of the resident defendant Charleston & Western Carolina Railway Company as a result of the collision of an automobile, in which plaintiff’s intestate was riding, with a box car driven by a…