LEVERENTZ v. CHICAGO, M. & ST. P. RY. CO.


7 F.2d 396 (1925)

LEVERENTZ v. CHICAGO, M. & ST. P. RY. CO. et al.

District Court, D. Minnesota, Third Division.

August 6, 1925.


Attorney(s) appearing for the Case

Stan D. Donnelly and Warner Newcombe, both of St. Paul, Minn., for plaintiff.

F. W. Root, C. O. Newcomb, and A. C. Erdall, all of Minneapolis, Minn., for defendant Chicago, M. & St. P. Ry. Co.


CANT, District Judge.

To justify the remanding of this case, the allegations of the complaint should show with at least reasonable clearness that a cause of action is set forth against the local defendant. That should not be entirely lacking, nor left to be spelled out from vague, uncertain, or equivocal statements in the pleadings.

In that connection the allegations here are that the defendant Oatman was head brakeman on the train in question, and that "at...

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