Richburg v. Massachusetts Bonding & Ins.

DAWKINS, District Judge.

Plaintiff sued the insurer alone of Jesse R. Madden, the above defendant, for personal injuries alleged to have been caused by the negligent operation of an automobile. Defendant moved to dismiss the complaint for the reason that it does not state *443a cause of action or a claim on which relief can be granted. The basic contention is that Act No. 55 of the State Legislature of 1930, giving the right to sue the insurer alone in such cases, does not apply in the Federal Courts. The reasons stated are as follows:(1) That the Federal Rules of Civil Procedure, 28 U.S.C.A.…