GENTRY v. BALTIMORE & OHIO RAILROAD CO.


159 F.Supp. 280 (1958)

Ella Loyce GENTRY, Plaintiff, v. The BALTIMORE & OHIO RAILROAD CO., Defendant.

United States District Court S. D. New York.

February 21, 1958.


Attorney(s) appearing for the Case

Minot & Zasloff, New York City, for plaintiff. Herbert S. Minot, New York City, of counsel.

Robert Schwebel, New York City, for defendant. John C. Avery, New York City of counsel.


DAWSON, District Judge.

This is a motion made by defendant pursuant to Rule 56, Fed.Rules Civ.Proc., 28 U.S.C.A. in which summary judgment is sought dismissing the complaint on the ground that the action is barred by the applicable three year statute of limitations of the State of New York. Plaintiff, in resisting the motion urges that the four year statute of limitations of the State of Ohio, R.C. § 2305.09, the place where the alleged injury to her property...

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