Wachovia Bank & Trust Co. v. Southern Railway Co.

The defendant Southern Eailway Company contends: “That no cause of action is stated against the crossing watchman, Stanton (although the allegations of his negligence state a cause of action against the Southern Eailway Company). From this it follows that there is a fraudulent joinder of the crossing watchman. With the crossing watchman out of the case, a separable controversy exists between the plaintiff and the Southern Eailway Company which entitles the Southern Eailway Company to remove this case to the United States District Court.” We cannot agree with the contentions of defendant, the…