C. & O. Ry. Co. v. Joseph Banks Admr.

Opinion of the .Court by

Judge Passing

Reversing.."While, walking oil-the track of the Chesapeake & Ohio’ Railroad in the outskirts of the town of Preston-burg,. Joseph Ranks was run over and so seriously injured that he died from the effects thereof in a few hours, jíis.. administrator brought suit for damages for his death-'against the railroad and the engineer in charge of 'the train, upon the theory that the injury was due to the negligence and carelessness of the engineer. Each defendant filed a petition, accompanied by the required bond, for removal to the Federal court, and the case was…