38 Ind. App. 211 | Ind. Ct. App. | 1906
Appellee recovered a judgment in the court below against appellants for injuries sustained by him on account of their alleged negligence.
The cause was put at issue and tried upon the amended first paragraph of complaint. The appellant Southern Eailway Company timely filed its petition and bond to remove the cause to the Circuit Court of the United States for the district of Indiana, on the ground of diverse citizenship and separable controversy, it being a foreign corporation and a citizen of Virginia. This motion was overruled. Joseph Steinhart was made a codefendant, but the jury found in his favor. Neither of the appellants moved for a new trial. The jury, with their general verdict, answered interrogatories submitted to them, and appellants each moved for judgment on such answers, notwithstanding the general verdict. These motions were overruled.
The errors assigned are: (1) Overruling the petition to remove; (2) the complaint does not state facts sufficient to constitute a cause of action; (3) overruling the motion for judgment on the answers to interrogatories.
There are three acts of negligence alleged: (1) Failure to inspect; (2) rotten and defective cross-ties, that would not hold the spikes, by reason of which the rails spread and gave way, throwing the train violently from the track; (3) running a heavy freight-train over such defective track, and at a high and dangerous rate of speed. It is alleged that appellants engaged, for a fixed consideration,
Judgment affirmed.