MORRIS v. ATCHISON, T. & S. F. RY. CO.

No. 68 Civil.

35 F.Supp. 138 (1940)

MORRIS et ux. v. ATCHISON, T. & S. F. RY. CO. et al.

District Court, S. D. California, N. D.

October 8, 1940.


Attorney(s) appearing for the Case

Martin C. Thuesen and Harold V. Thompson, both of Fresno, Cal., for plaintiffs.

Robert Brennan, Leo E. Sievert, and H. K. Lockwood, all of Los Angeles, Cal., for defendants.


YANKWICH, District Judge.

The defendant, a non-resident railway corporation, was sued with two of its resident employees in the Superior Court of the State of California, County of Fresno, for negligence which resulted in the death of the minor son of the plaintiffs. On petition, the State Court removed the case to this Court. The plaintiffs have moved to remand.

In the past when the only act charged against the resident employee was that performed by him...

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