Brown v. Southern Railway Co.

Tbe petition for removal, besides showing tbe presence of tbe requisite jurisdictional amount, asserts a right of removal on tbe ground of diverse citizenship, and alleges (1) fraudulent joinder; (2) separable controversy, if, indeed, any cause of action be alleged against tbe resident defendant; and (3) no valid, subsisting cause of action set up against resident defendant.

It is alleged that plaintiff was injured while a guest in W. T. Tess-ener’s two-horse wagon which was struck by a passenger train of the Southern Railway Company at a crossing about two miles from Shelby in Cleveland…