Cheyne

Appellants, Beryl Lucille Cheyne, James Vernon Cheyne II 1 and Ethel Elizabeth Cheyne (hereafter called plaintiffs), brought this suit against appellees, Atchison, Topeka & Santa Fe Railway Company, Ray O. Light, Earl C. Nichols and George Kohlhaas (hereafter called defendants), for damages in the sum of $225,500 for the death of James Vernon Cheyne, 2 alleged to have been caused by defendants’ negligence. The suit was brought in the Superior Court of Orange County, California, but, on petition of defendant Atchison, Topeka & Santa Fe Railway Company (hereafter called Atchison), was removed from that court to the District Court of the United States for the Southern District of California. Trial in the District Court resulted in a verdict and judgment that plaintiffs recover $12,500 of defendant Atchison and recover nothing of the other defendants. On motion of defendant Atchison, the judgment against it was set aside and judgment was entered in its favor. Plaintiffs have appealed.

*50 The question is whether defendant Atchison was entitled to remove the case to the District Court. Though not raised by the parties, the question is here and has to be decided. Chicago, Burlington &…