Funk v. Peoples Natural Gas Co.

McILVAINE, District Judge.

In this case the plaintiffs filed their complaint on February 23, 1955, and seek damages from the defendant as a result of injuries sustained by the wife plaintiff when she fell on the pipe line of defendant.

On March 31, 1955, the defendant filed a motion to dismiss this complaint alleging that the complaint failed to state a claim against the defendant upon which relief could be granted. The defendant filed Affidavits In Support Of Motion To Dismiss on October 26, and October 31, 1955. On October 28, 1955, the plaintiffs filed a counter affidavit and argument on the…