,50 rmnnmin nmronrnn.
Clean remain as an obstacle to a removal, but the question of juris-
diction is to be tested by the citizenship of Pentecost, the guardian,
and not by that of his ward. Goa-Z Oo. v. Btartchfcrd, 11 Wall. 172.
The suit must be remanded to the orphans' court of Allegheny
county, and it is so ordered.
Bnurrm., Adm’r, etc., v. Cnrcreo, M. & Sr. P. Br. Co. and
another.
_ (Circuit 6'aurt, N. D. Iowa, E. D. November Term, 1885.)
Rxmovn. or Casa imom Smrm Counr-Smrmnnn Conrnovmnsr.
In an action under the laws of Iowa by an administrator against a railroad
companty and the engineer of one of its engines, to recover amages for the
deat o his decedent, a fellow-servant of such engineer, there is such a sep-
arable controversy as entitle  one of the defendants, if a resident of another
state, to a removal of the cause to a United States court, under the act of
1875, as construed in Ayres v. Wiawall, 112 U. S. 187; S. C. 5 Sup. Ct. Rep. 90.
Motion to Bemand Cause to State Court.
Crane at Jocrus, for plaintiff.
W. J. Knight, for defendants.
Snmss, J. In the petition Bled in this cause, in the district court
of Dubuque county, it is averred that plaintiff is the administrator
of the estate of Alvis Fink, deceased; that the Chicago, Milwaukee
& St. Paul Railway Company is a corporation engaged in operating
a line of railroad extending northwardly from Dubuque to the station
of Specht’s Ferry; that the defendant Emsley was, in November, 1883,
an engineer in the employ of the railway company, engaged in run-
ning a passenger train on said company’s road; that on or about
November 29, 1883, said.Alvis Fink was in the employ of the said
railway company as a night track watchman; and that, while en-
gaged in the performance of his duty as such watchman, “ the said
defendants, while operating and running a passenger train over the
defendant company’s road, did carelessly, negligent1y, and wrong-
fully run said train of cars upon and against Alvis Fink," and
thereby caused his death, to the damage of his estate in the sum of
$10,000, for which amount the plaintiff, as administrator of the estate
of said deceased, prays judgment against both defendants. Separate
answers were filed by the defendants; and thereupon the railway
company filed, in proper time and form, a petition and bond for the
removal of the cause to this court, averring that plaintiff and the de-
fendant Emsley were citizens of Iowa, and the railway company was
organized under the laws of the State of Wisconsin; and further
averring that in the cause there was embraced a separable controversy
between plaintiff and the railway company. The state court granted