Frawley v. Stradtmann

This is an application to remove a negligence action now pending in the City Court, Bings County, to this court and for other related relief. The City Court action was instituted by the service of a summons without a complaint. By stipulation, the time for plaintiffs to serve a complaint has been extended to June 25,1951.

It is asserted that upon a careful study of X rays taken subsequent to the service of a summons, it appears that the injuries sustained are of a more serious character than those indicated by the original cursory examination. This is substantiated by the affidavit of the…