Carr v. Erie Lackawanna Railroad

At a pretrial conference, defendant moved for an order dismissing the complaint for failure to state a cause of action and served its memorandum of law in support of its motion. Plaintiff served an order to show cause seeking an order granting leave to serve a supplemental summons and amended complaint to add two parties defendant.

Both the original complaint and the proposed amended complaint allege delivery in Quebec, Canada of Kiddie Umbrella Ride amusement park equipment, to the Canadian Pacific Railway Company for transportation to Scranton, Pennsylvania through its own facilities and the…