Forrest v. Southern Ry. Co.

WYCHE, District Judge.

This matter is before me upon motion of plaintiff to remand the case to the court of common pleas for Greenwood county, S. C., from whence it was removed upon the petition of the Southern Railway Company upon the grounds of separable controversy and fraudulent joinder.

The action is one for the recovery of damages against the defendants for the death of plaintiff’s intestate which occurred at a railway crossing in a collision of a freight train of the Southern Railway Company and the automobile in which plaintiff’s intestate was riding, and is alleged to have been caused…