CUDDY v. WESTERN MARYLAND RAILWAY

Civ. A. No. 7005.

210 F.Supp. 750 (1962)

Janet Marie CUDDY, Administratrix of the Estate of James R. Cuddy, Jr., Deceased, Plaintiff, v. WESTERN MARYLAND RAILWAY, Defendant.

United States District Court M. D. Pennsylvania.

November 16, 1962.


Attorney(s) appearing for the Case

Richter, Levy, Lord, Toll & Cavanaugh, Philadelphia, Pa., Martin H. Philip, Palmerton, Pa., for plaintiff.

Rowland Posey, Baltimore, Md., Anderson, Ports, May, Beers & Blakey, York, Pa., for defendant.


FOLLMER, District Judge.

This matter is before the Court on motion of defendant to dismiss the action because the Complaint fails to state a claim against defendant upon which relief can be granted under the Federal Employers' Liability Act.

The Complaint alleges that decedent, Cuddy, while in the employ of defendant as an engineman and while on the premises of defendant was shot and killed by one James T. Haney, likewise an employee of defendant. The Complaint...

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