Southern Ry. Co. v. Roberts

RUSSELL, Circuit Judge.

This action, originally filed in the state court and removed to the federal court, was brought by the widow of Joseph L. Roberts against Southern Railway Company and J. P. Cawley to recover damages for Roberts’ death. For reasons not necessary to he discussed here, Cawley was dismissed as a party defendant and the suit, tried by the Court without a jury, proceeded to judgment against the Railway Company. Although neither the complaint nor the answer specifically indicates that the suit was filed pursuant to the Georgia Employers’ Liability Act of 1909, 1 the parties…