Clancy v. Brown (71 F.2d 110, 1934)

MARTINEAU, District Judge.

Gertrude Clancy, appellant, brought this action originally in the Missouri state court against Irma Brown and the President Hotel Corporation, a corporation, appellees, to recover damages for personal injuries. Plaintiff and defendant Irma Brown are citizens of Missouri. The President Hotel Corporation is a Delaware corporation. Upon its petition this action was removed to the federal court, Plaintiff then moved to remand and upon donial of her motion she declined to proceed further upon the ground of lack of jurisdietion in the federal court. Judgment of dismissal was then entered and plaintiff prosecutes this appeal.

Plaintiff’s petition alleged that the Prosident Hotel Corporation was engaged in operating the President Hotel, in Kansas City, Mo.; that Irma Brown was the housekeeper and superintendent of the corporation, in charge of the hotel, and was a vice principal with power to employ and discharge employees and that plaintiff worked under her, subject to her orders and directions; that it was the custom of the hotel to provide for the <®;joyment and diversion of its employees by ™&mg various forms of entertainment arL.^ ^or gatherings; that m furtherance of e?stom 011 tlie °f “ complained of, defendants arranged for a gathering of then-employees on the roof of said hotel to observe P®ssmg the Graf Zeppelin dirigible oy