Williams v. New York Central Railroad

SWYGERT, Chief Judge.

The complaint alleged that the plaintiff is a “resident” of the State of Indiana and that the defendant is not a “resident” of Indiana. In its answer the defendant denied there is diversity of citizenship, claiming that it “is a citizen of the State of Indiana by virtue of the Railroad Corporation Act.” At pre-trial the question of the jurisdiction of the court over the subject-matter of the claim because of the alleged lack of diversity was presented.

In support of its position the defendant claims that it is incorporated in Indiana; that such incorporation is evidenced…