William R. Day

“ It is only in cases wherein the facts alleged in the petition for removal are sufficient to fairly raise the issue of fraud that the state court is required to surrender its jurisdiction. The order of nonsuit in the trial court as to the North Carolina Railroad Company, appealed from by plaintiff, with the right of review in the supreme court of the state, did not make the case removable as to the Southern Railway Company. ”

“ Negligence of the Southern Railway Company is charged in furnishing the plaintiff with an unsafe and dangerous engine, knowing the same to be such, and thereby rendering the plaintiff's employment hazardous and dangerous, and unnecessarily exposing him to peril. ”

“ New York C. & H. R. R. Co. v. Carr, 238 U.S. 260, 59 L. ed. 1298, 35 Sup. Ct. Rep. 780; Pennsylvania Co. v. Donat, decided by this court November 1st, 1915 [ [ [239 U.S. 50] ] , 60 L. ed. --, 36 Sup. Ct. Rep. 4.] ”