Tron v. Sinclair Refining Co., 199 N.C. 816 (1930)

Dec. 3, 1930 · Supreme Court of North Carolina

199 N.C. 816

J. FRANCIS TRON, Jr., Administrator, v. SINCLAIR REFINING COMPANY et al.

(Filed 3 December, 1930.)

Appeal by defendant, Sinclair Refining Company, from Shaw, J., at August Term, 1930, of Buree.

Civil action for wrongful death brought against Sinclair Refining Company, a corporation chartered under the laws of the State of Maine, and B. D. Williams and R. A. Self, citizens and residents of Catawba County, N: O.

Motion by nonresident, corporate defendant, to remove cause to tbe District Court of tbe United States for tbe Western District of North Carolina for trial. Motion denied, and movant appeals.

J. Francis Tron, Jr., S. J. Ervin and 8. J. Ervin, Jr., for plaintiff.

O. E. Cover for defendant, Sinclair Refining Company.

Per Curiam.

Tbe petition for removal, besides showing tbe presence-of tbe requisite jurisdictional amount, asserts a right of removal on tbe ground of diverse citizenship, and alleges that tbe resident defendants have been fraudulently joined to prevent such removal.

No new question of law is presented by tbe appeal. Tbe trial court held that tbe case was controlled by tbe line of decisions of which Givens v. Mfg. Co., 196 N. C., 377, 145 S. E., 681, and Crisp v. Fibre Co., 193 N. C., 77, 136 S. E., 238, may be cited as fairly illustrative, while tbe appellant contends that tbe principles announced in Cox v. Lumber Co., 193 N. C., 28, 136 S. E., 254; Johnson v. Lumber Co., 189 N. C., 81, 126 S. E., 165, and Rea v. Mirror Co., 158 N. C., 24, 73 S. E., 116, are more nearly applicable. No error in tbe ruling of tbe trial court has been shown.

Affirmed.