28 Ga. App. 203 | Ga. Ct. App. | 1922
1. Where, prior to the Federal control of railroads, a suit for injuries from alleged negligence, brought by a citizen of Georgia against a carrier corporation whose citizenship is in another State, was removable from a court of this State to the Federal court by reason of the diverse citizenship of the parties and the necessary jurisdictional amount (Federal Judicial Code, §§ 24, 28; 4 Fed. Stat. Ann. (2d ed.) S42; 5 Fed. Stat. Ann. 16), such right of removal by the director-general or Federal agent in charge of the carrier remains and is unaffected by such control, which, “while effecting a consolidation of the physical control of the different transportation systems,* did not effect a consolidation of the individual companies so far as their respective legal rights and liabilities were concerned.” Payne v. Monroe, 28 Ga. App. 6 (110 S. E. 34); Mo. Pac. R. Co. v. Ault, 256 U. S. 554, 41
2. The suit being removable by reason of diversity of citizenship of the parties, it is unnecessary to determine, under the conflicting authorities, whether the cause is removable on the additional ground that it is one arising “ under the constitution and laws of the United States.”
Judgment reversed.