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GAY v. RUFF

No. 663.

292 U.S. 25 (1934)

54 S.Ct. 608

78 L.Ed. 1099

GAY, RECEIVER, v. RUFF.

Supreme Court of United States.

Decided April 2, 1934.

Attorney(s) appearing for the Case

Mr. Archibald B. Lovett, with whom Mr. Robert M. Hitch was on the brief, for petitioner.

Mr. Thomas W. Hardwick for respondent.

By leave of Court, Messrs. W.R.C. Cocke and James F. Wright filed a brief on behalf, of the Receivers of the Seaboard Air Line Railway Company, as amici curiae.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Ruff brought in a state court of Georgia this suit against Gay, as receiver of the Savannah & Atlanta Railway, appointed by the federal court for southern Georgia sitting in equity. The cause of action alleged is the homicide of plaintiff's minor son as a result of the negligent operation of a train by employees of the receiver. Before trial in the state court, the...

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