ARCHAMBEAULT v. DRAPER

No. 11510.

101 F.Supp. 1004 (1951)

ARCHAMBEAULT et al. v. DRAPER.

United States District Court E. D. New York.

March 28, 1951.


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, New York City, for plaintiffs, Edwin H. Krom, New York City, of counsel.

Richard R. Bongartz, New York City, for defendant, Ralph E. Marson, New York City, of counsel.


INCH, Chief Judge.

This is a motion by defendant to dismiss the Fourth and Fifth causes of action set forth in the complaint on the ground that they fail to state facts sufficient to constitute a cause of action.

The complaint alleges that the deceased, Henry A. Archambeault, was killed on November 22, 1950 at Kew Gardens, Long Island, while riding as a passenger on a train owned and operated by the Trustees of the Long Island Rail Road Company. The deceased...

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