Osteen v. A.C.L.R. R. Co.

May 11, 1922. The opinion of the Court en banc was delivered by Action for $3,500 damages on account of the destruction of a truck belonging to the plaintiff by collision with a train of the defendant at a highway crossing.

Within due time the defendant filed petition and bond for removal to the Federal Court, and made a motion before Hon. T.S. Sease, Circuit Judge, for an order removing the case to the Federal Court. The ground upon which the defendant sought to remove the case was that it appeared in the complaint that a separable controversy existed between the railroad company and the…