Barnard v. Pennsylvania Range Boiler Co.

WOOD, District Judge.

We have before this Court a Motion to Dismiss under Rule 12(b) (6) of the Federal Rules of Civil Procedure or in the alternative a Motion for a More Specific Complaint brought pursuant to F.R. C.P. 12(e).

This is an action for damages arising out of injuries resulting in the death of plaintiff’s decedent in the State of Massachusetts.

As to parties, we have one (1) plaintiff and four (4) defendants. The disputed averments in the Complaint read as follows:

“6. On or about August 20, 1960, the plaintiff’s decedent was lawfully on the premises of a dwelling located at Depot…