Mitchell v. Delaware & H. R. Corp.

FOLEY, District Judge.

The defendant Canadian National Railway Company challenges the jurisdiction of this court over the subject matter of the claim set forth in the complaint as against it. The complaint is one charging joint and concurring acts of negligence against both defendants. Such acts of negligence are separately stated as to the negligence claimed against each. It is the contention of the defendant Canadian National Railway Company that because the complaint is drafted in such manner, there must be diversity or alienage as to both defendants or jurisdiction must fall. I do not…