Atchison, T. & S. F. Ry. Co. v. Smith

The appellee Alma Richardson Smith brought an action for negligence against appellant Atchison, Topeka & Santa Eé Railway Company and one Jean P. Chamley for injuries resulting from a collision in Pasadena, Cal., where Holly street crosses appellant’s railway, between a railway train operated by the appellant railway company and an automobile operated by an employee of Jean P. Chamley. She alleged that the collision was the result of the gross negligence of the chauffeur in driving the automobile, and of 'the negligence of the railway company in failing to give warning of the train’s approach to the street crossing. The appellant railway company filed a bond and petition for removal in the superior court of the state of California, wherein the action was commenced, demanding that the action be removed to the federal court by reason of the diversity in citizenship, in that the railway company was a citizen of Kansas, while the eodefendant and plaintiff were citizens of California. The petition was based upon the contention that the cause of action against the railway company for its negligence in failing to give warning of the approach of the train, and the negligence of the driver…