Eddings

Three cases have been consolidated for a preliminary hearing on the question of the jurisdiction of the Court. The plaintiffs were injured in a common accident, and each brought a separate action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., against the same defendants, Collins Pine Company, hereinafter called “Collins”, and Almanor Railroad Company, hereinafter called “Almanor”.

The defendants answered severally, and as one of their defenses alleged that the Court was without jurisdiction. Upon motion of plaintiffs under the provisions of Rule 12(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A., the issue raised by this defense was tried separately at a preliminary hearing. Evidence was presented and the matter was briefed, argued and submitted.

The defense as set forth in the answer is that the Court does not have jurisdiction of the subject matter of the action as to both defendants, or either of them, or if it does have jurisdiction as to the defendant Almanor it does not have jurisdiction over Collins. In argument the defendants have conceded that the Court has jurisdiction of the subject matter of the action as to Almanor, but not as to…