SAVELL v. SOUTHERN RY. CO.

No. 8571.

93 F.2d 377 (1937)

SAVELL v. SOUTHERN RY. CO.

Circuit Court of Appeals, Fifth Circuit.

December 8, 1937.


Attorney(s) appearing for the Case

Frank M. Oliver, of Savannah, Ga., and Hal M. Smith, of Eastman, Ga., for appellant.

W. S. Mann, of McRae, Ga., and Rembert Marshall, of Atlanta, Ga., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


FOSTER, Circuit Judge.

Appellant, F. H. Savell, a citizen of Georgia, brought this suit against the Southern Railway Company, a citizen of Virginia, to recover damages exceeding $30,000 for personal injuries, suffered while a passenger on a train of said railroad, and joined Andrew Varn, a citizen of Georgia, the engineer of the train, as a party defendant. A petition to remove, on the ground that the case presented a separable controversy, was denied by the state...

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