Gilmore

Plaintiffs brought suit in the state court against defendants as joint tort-feasors, charging them with negligence which *372 caused the death of J. Franklin Gilmore. The case was removed to this court under the provisions of sections 28 and 29 of the Judicial Code, 28 U.S.C.A. §§ 71 , 72. Motion to remand is made upon the ground that the complaint does not state a separable controversy within the established rule.

Plaintiffs elected to prosecute a joint action' for concurrent negligence against defendants under permissible state procedure. Section 427, Code of Civil Procedure of California. It is well settled that “a state has an unquestionable right * * * to regulate actions for negligence, and where it has provided that the plaintiff * * * may proceed jointly or severally against those liable for the injury, and the plaintiff, * * * in good faith, has filed a petition electing to sue for joint recovery, * * * we know of nothing in the Federal removal statute which will convert such action into a separable controversy for the purpose of removal.” Cincinnati, etc., R. Co. v. Bohon, 200 U.S. 221 , 26 S.Ct. 166, 168 , 50 L.Ed. 448 , 4 Ann.Cas. 1152. For the purpose of determining…