Cory v. Lake Shore & M. S. Ry. Co.

KILLITS, District Judge.

The plaintiff is administrator of the estate of Albert JL Stafford by appointment in the probate court of Cuyahoga county, Ohio. He alleges in his petition that the decedent came to his death while in the employ of the defendant through defendant’s negligence on an occasion when defendant and decedent, as defendant’s employé, were engaged in interstate commerce.

To the petition an answer has been filed, containing, among other things, this allegation:

“Further answering, defendant says that prior to the bringing of this action an action was brought in this court by…