Tralich v. Chicago, M. & St. P. Ry. Co.

NETERER, District Judge.

This action was commenced in the state court and removed to this court on petition of the defendant. *676Motion to remand has been made on the part of the plaintiff. The complaint (paragraph 2) alleges:

“That defendant in tile carrying on.of interstate commerce employed tbe plaintiff as a common laborer to work upon a construction gang in tbe repair and maintenance of tbe tracks and roadbed of tbe said defendant company, wbicb were employed for tbe transportation and movement of defendant’s trains in tbe conduct of its business.”

And in paragraph 3 that:

“While * * * employed…