Anderson v. Splint Coal Corporation, 1662.
| Decision Date | 07 August 1937 |
| Docket Number | No. 1662.,1662. |
| Citation | 20 F. Supp. 233 |
| Parties | ANDERSON v. SPLINT COAL CORPORATION. |
| Court | U.S. District Court — Eastern District of Kentucky |
A. E. Funk, J. J. Leary, and Earl S. Wilson, all of Frankfort, Ky., for plaintiff.
E. H. Johnson and Ray O. Shehan, both of Harlan, Ky., for defendant.
The defendant is a corporation organized and existing under the laws of Kentucky. The right of the plaintiff to invoke federal jurisdiction depends upon whether, at the time of filing his complaint, he was a citizen of a different state.
The petition filed on May 17, 1937, contains the allegation that the plaintiff is a citizen of the state of Indiana. The defendant has filed a special plea to the jurisdiction charging that the allegations made by the plaintiff with reference to his citizenship in the state of Indiana are false; that in fact the plaintiff is a citizen of Kentucky and his ostensible change of residence from Kentucky to Indiana is a mere feigned attempt to acquire a temporary residence there for the purpose of fraudulently claiming federal jurisdiction in this case.
Proof on the issue has been taken by depositions and the case is now submitted upon the defendant's plea to the jurisdiction.
It appears from the petition that in August, 1936, while in the employ of the defendant corporation in Harlan county, Kentucky, the defendant sustained the injuries here involved, as the result of which he has since been a helpless invalid, paralyzed below the waist. At the time of his injury, the plaintiff was living in a rented house in Harlan county, Ky. It appears that, from the time of his injury, he remained in a hospital in Harlan county until the latter part of March, 1937, when he was taken to the home of his father-in-law near Livingston, in Rockcastle county, Ky. He remained there until May 12, 1937, when he was taken in an ambulance to the home of his sister in Indiana.
So far as appears from the record, his family consisted only of himself and his wife, and she accompanied him to his sister's home in Indiana, to which they took what little household belongings they had. The plaintiff and his wife have resided in the home of his sister since they have been in Indiana and have acquired no separate dwelling house. The plaintiff accounts for his change of residence by the fact that his relatives in Kentucky, with whom he stayed after his injury, were so poor that they were unable to provide for him and their home was so remote that he could not receive adequate medical attention.
The plaintiff had formerly lived with his sister in Indiana for a short time prior to his marriage and prior to his employment by the defendant in Harlan county, Ky., and he testified "I intend to stay...
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